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TION 


OF  THE 


ELECTION   LAWS 


OF 


TENNESSEE 


Compiled  arid  Annotated  by 

ERNEST   N.    HASTON, 

Secretary  of  State. 


EWINGNA5HVILLE 


COMPILATION 


OF  THE 


ELECTION   LAWS 


OF 


TENNESSEE .  W- 


Compiled  and  Annotated  by 

ERNEST   N.    HASTON, 
Secretary  of  State. 


EWING- NASHVILLE 


PREFACE 


The  election  laws  of  Tennessee  are  compiled,  annotated, 
indexed,  and  put  in  regular  code  form  in  this  Compilation.  Such 
system  is  considered  to  be  a  great  improvement  upon  the  pre- 
vious publications  containing  unsystematic  collections  of  the 
legislative  acts  in  their  original  forms.  In  this  Compilation 
the  various  legislative  acts  have  been  systematically  put 
together;  and  the  amendments  have  been  woven  into  their 
proper  places  in  the  original  acts. 

The  statutes  are  reproduced  in  full  without  alteration,  ex- 
cept that  they  are  put  in  the  enacted  form  as  existing  stat- 
utes instead  of  the  enacting  form,  and  the  titles  and  enacting 
clauses  are  omitted.  Where  a  wrong  word  or  an  omisson 
occurs  in  the  original,  the  correction  suggested  is  put  in  brack- 
ets immedately  after  such  word.  The  sections  of  the  origi- 
nal statutes  are  often  subdivided  into  subsections  so  that  the 
subject-matter  may  be  indicated  in  the  index  line. 

The  statutes  embraced  in  this  Compilation  are  annotated 
by  notes  of  the  decisions  of  the  supreme  court  in  any  way 
construing  and  affecting  them,  or  bearing  upon  them  or  the 
general  subject  within  their  scope. 

This  Compilation  contains  all  the  election  laws  necessary 
for  the  instruction  and  guidance  of  the  election  officers  and 
the  voters  in  all  state,  county,  and  national  elections  in  Ten- 
nessee. There  is  no  pretense  that  it  contains  all  the  laws 
covering  matters  growing  out  of  elections,  such  as  contested 
elections  and  the  distinct  and  separate  criminal  laws  pertain- 
ing to  elections. 

The  Index  is  made  to  the  notes  or  annotations  as  well  as 
to  the  statutes,  and  it  is  made  as  full  as  convenience  may 
require.  Great  effort  has  been  made  to  make  it  easy  to  find 
any  and  all  statutes  and  notes.  Some  familiarity  with  the 
statutes  and  the  arrangement  of  the  subject-matter  will  make 
it  easy  to  find  the  law  on  any  subject  by  turning  to  the  body 
of  the  statutes  in  the  book,  where  the  subject  index  line  of 


ivil  4-1253 


each  section,  and  subsection,  and  note  will  conveniently  indi- 
cate what  is  sought  to  be  found. 

The  numbers  in  brackets  immediately  following  the  sec- 
tion numbers  of  this  compilation  are  the  section  numbers  in 
Shannon's  New  Annotated  Code. 

If  this  Compilation  is  found  to  be  useful,  I  will  feel  com- 
pensated for  the  extra  effort  made  and  work  done  to  make 
it  so. 


^^^^^-^^  }l  3f^dC4^t^c^ 


Secretary  of  State. 
Nashville,  Tenn., 

Jan.  27,  1922. 


COMPILATIQN  •   ;:;•/,: 

OF  THE  ',  '       ''  ' 

ELECTION  LAWS  OF  TENNESSEE 


CHAPTER 

I. 

CHAPTER 

2- 

CHAPTER 

3. 

CHAPTER 

4. 

CHAPTER 

5- 

CHAPTER 

6. 

CHAPTER 

7. 

CHAPTER 

8. 

CHAPTER 

9- 

CHAPTER 

10. 

CHAPTER 

II. 

CHAPTER 

12. 

CHAPTER 

13- 

CHAPTER 

14- 

CHAPTER 

15. 

CHAPTER 

16. 

CHAPTER 

17. 

CHAPTER 

18. 

Elections  by  the  General  Assembly  (Sec.  i). 

Elections  by  the  County  Court  (Sees.  2-y), 

Elections  by  the  People  (Sees.  8-33). 

Electors  (Sees.  34-41). 

Election  Precincts  (Sees.  42-45). 

Officers  of  Popular  Elections   (Sees.  46-59). 

State  Board  of  Elections  (Sees.  60-73). 

County  Commissioners  of  Elections  (Sees. 
74-101). 

Registration   of  Voters    (Sees.    102-136). 

Payment  of  Poll  Tax  is  a  Condition  Prece- 
dent to  Voting  (Sees.  137-154). 

Ballot  and  Manner  of  Voting  under  the 
Dortch  Ballot  Law  (Sees.  155-183). 

Uniform  Ballot  Law. 

Proceedings  at  the  Polls   (Sees.  184-202). 

Proceedings  After  the  Polls  are  Closed 
(Sees.  203-210). 

Casting  Vote,  Returns,  and  Commissions 
(Sees.  211-226). 

Voting  by  Absent  Voters  (Sees.  227-252). 

Primary  Elections  Are  Legalized  and  Regu- 
lated  (Sees.  253-280). 

Compulsory  System  of  Legalized  Primary 
Elections  for  Certain  Political  Nomina- 
tions (Sees.  281-329). 


CHAPTER  I. 

ELECTIONS  BY  THE  GENERAL  ASSEMBLY- 

1.     [1136  (812)   1003].     Elections  by  general  assembly.— 

The  following  officers  are  appointed,  or  elected  by  joint  ballot 
of  the  two  houses  of  the  general  assembly:     The  secretary 


^\    '^  /ti.^'^'^  'Election  Laws  of  Tennessee. 


.pi^5t^te;;.the  'tne^suVer,  the  comptroller,  and  the  state  board 
bfcWtionS^. '(''061181.  of  Tenn.,  art.  3,  sec.  17;  Id.,  art.  7,  sec. 
3;  Acts  1909,  ch.  103,  sec.  i.) 

Sections  1137  to  1143  of  the  Code  of  1896  as  to  election  and  ap- 
pointment of  United  States  senators  are  omitted  from  this  compila- 
tion, because  no  longer  in  force. — ^By  amendment  to  the  federal  con- 
stitution (art.  1,  sec.  3),  United  States  senators  are  no  longer  elected 
by  the  state  legislature,  but  must  be  elected  by  the  people;  and  by 
Acts  1913,  1st  ex.  ses.,  ch.  8,  enacted  in  pursuance  of  said  amendment, 
provision  is  made  for  their  election  by  the  people,  except  a  vacancy 
in  the  office  when  congress  is  in  session,  may,  under  section  3  thereof, 
be  filled  by  appointment  of  the  governor  until  his  successor  is  elected 
at  the  next  regular  biennial  election  in  November,  and  until  his  quali- 
fication. Said  act  is  compiled  in  sections  25-33  in  this  compilation. 
Said  constitutional  amendment  and  said  legislative  act  operate,  by 
construction  or  necessary  implication,  to  repeal  or  suspend  the  stat- 
utes embraced  in  sections  1137  to  1143  of  the  Code  of  1896,  and  they 
are,  therefore,  omitted  from  this  compilation. — Ed. 


CHAPTER  2. 

ELECTIONS  BY  THE  COUNTY  COURT. 

2.     [1144  (817)    ion].     Elections  by  county  court. — The 

follow^ing  officers  in  this  state  are  elected  by  the  justices  of 
the  peace,  in  county  court  assembled:  Coroners,  rangers, 
county  surveyors,  poorhouse  commissioners,  workhouse  com- 
missioners, county  standard  keepers  and  sealers  of  weights 
and  meaures,  notaries  public,  public  administrators,  public 
guardians,  cotton  and  tobacco  weighers,  road  commissioners, 
county  revenue  commissioners,  and  jail  physicians  or  health 
officers ;  and  in  counties  having  turnpikes,  the  county  courts 
therein  may  also  elect  turnpike  superintendents  (see  Code, 
sec.  1748)  ;  and  turnpike  commissioners  (see  Code,  sec.  1781)- 

1.  References  as  to  the  election  of  the  various  officers  mentioned 
In  this  section. — For  elections  of  coroners,  see  Code,  sec.  465;  Const., 
art  7,  sec.  1;  of  rangers,  see  Code,  sec.  571;  Const.,  art.  7,  sec.  1;  of 
county  surveyors,  see  Code,  sec.  530;  of  workhouse  commissioners, 
see  Code,  sees.  740Q,  7403;  of  county  standard  keepers  and  sealers  of 
weights  and  measures,  see  Code,  sec.  575;  of  notaries  public,  see  Code, 
sec.  3194;  of  public  administrators  and  public  guardians,  see  Code, 
sec.  583;  of  cotton  and  tobacco  weighers,  see  Code,  sec.  3485;  of  road 
commissioners,  see  Code,  sec.  1651;  of  county  revenue  commissioners, 
see  Code,  sec.  935;  of  jail  physicians  or  health  officers,  see  Code,  sec. 
3109,   and  see,   also,   sec.  7440. — Ed. 

2.  Officers  formerly  elected  by  the  quarterly  county  court,  but  not 
now. — Tax  collectors  were  formerly  elected  by  the  quarterly  county 
court,  but  they  are  now  elected  by  the  people.  Blackburn  v.  Vick.  2 
Heis.,  381.  See  Code,  sees.  520,  523,  865,  869,  and  870.  County  com- 
missioners  of   fish   were  formerly  elected  by   the  quarterly  county 


Elections  by  the  County  Court.  7 

court,  under  Acts  1893,  ch.  136  (embraced  in  seoe,  2974-2978  of  the 
Code  of  1896),  but  by  Acts  1907,  cb.  489,  sec.  16,  said  act  was  re- 
pealed. 

3.  Board  of  county  commissioners  for  Shelby  county. — By  Acts 
1911  (Private),  cb.  237,  a  board  of  county  commissioners  was  created 
to  exercise  all  tbe  powers  and  discharge  all  the  duties  previously 
vested  in  and  imposed  upon  tbe  workbouse  commission,  turnpike 
commission,  county  board  of  health,  and  poorbouse  commission,  in 
counties  having  a  population  of  190,000  or  more,  according  to  tbe 
federal  census  of  1910  or  any  subsequent  federal  census;  which  act, 
xmder  the  federal  census  of  1910,  applies  in  Shelby  county  alone»  Sub- 
section 6  of  section  8  of  this  act  was  amended  by  Acts  1913  (Private), 
ch.  333.  , 

By  Acts  1913  (Private),  ch.  132,  said  board  of  county  commission- 
ers in  said  counties  is  given  full  and  entire  charge  of  the  public 
bridges  in  said  counties;  and  by  Acts  1913  (Private),  ch.  61,  said  board 
is  authorized  to  disburse  the  bridge  funds. 

Acts  ISll  (Private),  ch.  423,  creating  the  office  of  bridge  superin- 
tendent in  said  counties,  was  repealed  by  Acts  1913  (Private),  ch. 
133.— Ed. 

4.  Acts  1911  (Private),  ch.  237,  is  not  unconstitutional — Said 
statute,  creating  a  board  of  county  commissioners,  as  shown  in  the 
preceding  note,  is  not  unconstitutional  upon  any  of  the  grounds  of 
attack  made  upon  it  in  Prescott  v.  Duncan,  18  Gates,  106,  as  therein 
shown,  especially  in  headnotes  9-12.  See  Const.,  p.  338,  note  7;  p. 
384,  note  12. 

3.  [1145   (818)    1012].     Vacancies  filled  by  said  court. — 

Vacancies  in  said  offices  and  in  the  following  offices  are  filled 
by  election  or  appointment  of  the  county  court:  Sheriffs, 
trustees,  registers,  public  administrators  and  guardians,  con- 
stables, county  court  clerks,  and  county  tax  assessors. 

References. — See  Const,  art.  7,  sec.  2  (p.  480);  Code,  sees.  401, 
491,  585;  Beasley  v.  Ferriss,  1  Lea,  461,  463;  State,  ex  rel.,  v.  Campbell, 
8  Lea,  74,  81,  82;  and  as  to  a  removed  trustee,  see  Code,  sec.  522. 

4.  [1146  (819)  1013].  Mode  of  proceeding. — When  an 
officer  is  to  be  elected  or  appointed  by  the  county  court,  or 
a  vacancy  filled,  it  is  the  duty  of  the  court  to  hold  an  open 
and  free  election  on  the  first  day  of  the  term,  admitting  all 
citizens  to  the  privilege  of  offering  as  candidates,  except  such 
as  are  prohibited  by  the  constitution  or  laws  of  the  state. 
(1796,  July  ses.,  ch.  3,  sec.  i ;  1841-42,  ch.  lOi,  sec.  i ;  const.,  art. 
I,  sec.  5.) 

Vacancy  in  county  court  clerk's  office  to  be  filled  by  the  justices, 
and  not  by  the  county  judge. — See  Code  sec.  401,  and  note. 

5.  [1147].  Ayes  and  nays  to  be  recorded. — In  making 
all  elections  and  appointments  coming  before  the  county 
courts,  the  vote  of  the  justices  present  shall  be  taken  by  ayes 
and  nays,  the    clerk    calling    and    recording    the    name  of 


8  Election  Laws  op  Tennessee. 

each  justice,  together  with  his  vote,  aye  or  nay,  as  it  is  given, 
which  shall  be  entered  on  the  minutes,  together  with  the 
names  of  the  persons  elected  or  appointed.     (1887,  ch.  180.) 

6.  [1148    (820)    1014].     Adjournment    of    Election. — The 

court  may,  however,  a  majority  of  the  justices  consenting^, 
adjourn  the  election  to  a  subsequent  day  of  the  term.  (1841- 
42,  ch.  loi,  sec.  I,  proviso.) 

7.  [1149  (821)  1015].  Notice  of  vacancies. — The  pesid- 
Hng  officer  of  the  county  court  shall  cause  public  notice  to  be 
•given  in  writing,  under  his  hand,  to  be  set  up  on  the  court- 
liouse  door,  at  least  three  days  before  the  meeting  of  the 
court,  specifying  the  offices  to  be  filled  at  that  court.  (1796, 
July  ses.,  ch.  3,  sec.  2.) 

1.  Elections  by  justices  in  county  court  assembled. — An  election 
by  the  justices  means  an  election  by  the  justices  in  county  court 
assembled;  and  an  election  by  the  county  court  implies  an  election 
by  the  justices.     State,  ex  rel.,  v.  Campbell,  8  Lea,  81,  82. 

2.  Election  contrary  to  statute  is  erroneous- — An  election  and 
appointment  to  fill  a  vacancy  in  the  office  of  the  clerk  of  the  county 
€0urt,  held  and  made  contrary  to  the  provisions  of  the  statute,  is  er- 
roneous.    Sevier  v.  Washington  Co.,  Peck,  352. 

3.  Requirement  as  to  advertisement  and  time  of  election  is  di- 
rectory.— The  provision  as  to  the  advertisement  and  time  of  the  elec- 
tion is  only  directory,  perhaps.    Evans  v.  Claiborne  Co.,  3  Hay.,  29. 


CHAPTER  3. 

ELECTIONS  BY  THE  PEOPLE. 

statutes  repealed,  revived,  modified,  and  altered. — Acts  of  1865, 
ch.  16;  1865-66,  ch.  33;  1866-67,  ch.  26,  were  repealed  by  Acts  1870, 
ch.  10,  sec.  2,  and  sections  822  to  871,  inclusive,  of  the  Code  of  1858 
were,  by  section  3  thereof,  regnacted  and  revived,  except  as  therein 
altered  or  repealed;  and  said  sections  have  since  been  altered,  modi- 
fied, or  repealed  as  herein  shown. — Ed. 

8.     [1150   (822)    1 01 6]-    Officers  elected  by  the  people.— 

The  following  officers  are  elected  by  the  people :  Governor, 
electors  of  president  and  vice-president ;  representatives  in 
congress ;  United  States  senators ;  members  of  the  general 
assembly ;  judges  of  all  the  courts  in  the  state ;  attorneys 
for  the  state  for  the  judicial  circuits  or  districts ;  clerks  of 
the  circuit,  criminal,  and  county  courts ;  justices  of  the  peace ; 
sheriffs ;  county  trustees ;  county  registers ;  constables ;  and 
county  tax  assessors.  (U.  S.  const.,  12th  am.,  art.  i,  sec.  2, 
art.  I,  sec.  3,  pars,  i  and  3;  art.  2,  sec.  i.  cl.  2;  Tenn,  const., 


Elections  by  the  People.  9 

art.  3,  sec.  2;  art.  2,  sees.  3-7;  art.  6,  sees.  3,  4,  5,  13,  15;  art. 
7,  sec.  i;  Acts  1913,  ist  ex.  sec,  ch-  8.) 

9.  [1151  (825c)  1017].  Regular  election  of  judges, 
chancellors,  state's  attorneys,  and  judges  of  the  supreme 
court. — On  the  first  Thursday  in  August,  eighteen  hundred 
and  seventy-eight,  and  forever  thereafter  every  eight  years, 
there  shall  be  elected  in  this  state,  by  the  qualified  voters, 
five  judges  of  the  supreme  court  of  the  State  of  Tennessee, 
and  judges  of  such  circuit  and  chancery  and  other  courts 
as  are  or  may  be  established  by  lavvr ;  and  an  attorney  for  the 
state  for  each  county  or  district  for  which  a  judge,  having 
criminal  jurisdiction,  shall  be  provided  by  lav^.  And  in  voting 
for  said  supreme  judges,  every  voter  shall  prefix  to  the 
name  of  each  of  the  three  candidates  the  v^ords  "eastern," 
''western,"  or  "middle"  division,  to  denote  the  grand  division 
of  the  state  for  which  he  desires  each  of  the  three  candidates 
elected.  Each  candidate  shall  reside  in  [the  grand  division 
of]  the  state  for  which  he  is  elected.  And  the  voter  shall 
also  prefix  to  the  name  of  each  of  the  two  other  candidates  on 
his  ballot  the  words,  "the  state  at  large,"  to  denote  that  they 
are  to  be  elected  for  the  entire  state.  Said  two  candidates 
shall  not  reside  in  the  same  grand  division  of  the  state.  And 
the  candidate  receiving  the  highest  number  of  votes  for 
any  one  grand  division  of  the  state,  and  the  two  candidates 
receiving  the  highest  number  of  votes  for  the  "state  at 
large,"  shall  be  declared  to  be  the  five  judges  of  the  supreme 
court  of  the  State  of  Tennessee.     (1870,  ch.  23,  sec.  3.) 

Explanatory. — The  matter  in  brackets  in  this  section  was  printed 
in  brackets  in  the  published  acts. — Ed. 

10.  [1152    (825d)    1018].    Duty   of   returning   officers.— 

The  commissioners  of  elections,  or  other  officers  holding  said 
election,  shall,  within  five  days  after  such  elections,  make 
out  and  transmit  to  the  secretary  of  state  a  true  return  of 
the  number  of  votes  received  by  each  candidate  for  judge 
and  attorney  for  the  state.  (1870,  ch.  23,  sec.  4;  1907,  ch.  436; 
1909,  chs.  104,  273.) 

11.  [1153  ,825e)  1019].  Secretary  of  state  to  compare 
and  record  votes;  certificates;  commissions;  qualification 
by  oath. — ^The  secretary  of  state  shall  compare  the  number 
of  votes  received  by  each  candidate  for  judge  and  attorney 
for  the  state,  and  shall  enter  the  same  in  a  well  bound  book 
kept  for  that  purpose;  and  shall  give  the  person  receiving 
the  highest  number  of  votes  a  certificate  of  his  election ;  and 
the  governor  shall  thereupon  issue  commissions  to  each  judge 


10  Election  Laws  of  Tennessee. 

and  attorney  for  the  state  upon  an  estimate  and  certificate 
of  the  votes,  as  above  prescribed-  Said  judges  and  attorneys 
for  the  state  shall  be  sworn  according  to-  law,  and  then  pro- 
ceed to  the  discharge  of  the  duties  of  the  office  to  which 
they  have  been  elected.  (1870,  ch.  23,  sec.  5.)  See  Code, 
sees.  378-380,  1073 — 1081,  and  1305. 

1.  Return  or  certificate  of  election  is  only  prima  facie  correct. — • 
The  return  of  tlie  election  officer  is  not  conclusive,  but  merely  prima 
facie  evidence  of  the  right  to  the  office,  and  may  be  rebutted  by  evi- 
dence. Dodd  V.  Weaver,  2  Sneed,,  671.  The  certficate  of  election  is 
prima  facie  evidence  of  its  own  correctness,  yet  it  may  be  falsified  by 
the  testimony  of  witnesses.  Marshall  v.  Kerns,  2  Swan,  68,  71.  The 
election  return  is  sufficient  evidence  of  the  result,  until  the  contrary 
is  clearly  made  out  by  the  contestant,  upon  whom  the  burden  lies. 
McCraw  v.  Harralson,  4  Cold.,  41. 

2.  The  commission  or  certificate  is  a  nullity  where  the  election 
Is  declared  to  be  void. — Where  the  election  is  declared  to  be  void,  the 
governor's  commission  to  the  candidate  shown  to  be  elected  by  the 
election  returns  cannot  have  any  effect.  Barry  v.  Lauck,  5  Cold., 
588,  590,  591.  The  returning  officer's  certificate  of  election  to  one  as 
sheriff,  and  his  induction  into  office  by  the  county  court,  will  not  affect 
the  rights  of  the  candidate  shown  to  be  actually  elected,  because  the 
title  to  the  office  rests  on  the  election  and  neither  the  certificate  nor 
the  induction  into  office  can  supply  its  place.  State,  ex  rel.,  v.  Wright, 
10  Heis.,  237,  253.    See  State,  ex  rel.,  v.  Malone,  4  Thomp.,  171. 

3.  Judge's  title  is  derived  from  election,  and  not  from  governor's 
commission  which  is  only  prima  facie  evidence. — While  it  is  the  duty 
of  the  governor  to  issue  commissions  to  the  judges,  as  and  when  re- 
quired by  this  section,  and  they  are  greatly  useful  as  prima  facie  evi- 
dence of  title,  and  also  for  protecting  third  parties  under  judicial  acts 
performed  by  persons  holding  them,  yet  the  commissions  may  be  void 
because  issued  without  authority;  for  the  title  comes  from  the  people, 
through  the  election,  and  not  through  a  commission  of  the  executive, 
or  other  formality.     State,  ex  rel.,  v.  Malone,  4  Thomp.,  149,  170,  171. 

4.  Record  need  not  show  oath  of  attorney-general,  when;  recita* 
tion  of  oath  is  sufficient. — In  a  criminal  case,  the  record  need  not 
show  that  the  attorney-general  has  taken  the  oaths  prescribed  by  the 
constitution  and  laws;  and,  if  it  appears  that  he  has  taken  the  oath  of 
office  only,  it  will  not  be  presumed  that  he  did  not  take  the  oath  to 
support  the  constitution  of  the  state  and  that  of  the  United  States,  as 
required.  Staggs  v.  State,  3  Hum.,  372,  373,  374;  State  v.  Gouge,  12 
Lea,  135.  In  such  case,  the  recitation  that  he  was  "duly  sworn  as  the 
law  directs"  is  sufficient.    Turner  v  State,  5  Pickle,  555. 

12.  [1154  (825f)  1020].  Elections  for  various  state  and 
county  officers,  how  often  held — Elections  for  all  the  civil 
and  judicial  officers  shall  be  held  forever  hereafter  on  the 
first  Thursday  in  August  next  preceding  the  expiration  of 
the  respective  terms  of  such  judicial  and  civil  officers,  to  w^it: 
For  judges  of  the  supreme,  circuit,  chancery,  and  other  courts, 
and  attorneys  for  the  state  in  each  circuit  or  district,  every 


Elections  by  the  People.  11 

eight  years ;  for  justices  of  the  peace,  in  each  civil  district 
in  every  county,  every  six  years;  for  clerks  of  the  circuit, 
county,  and  other  courts,  for  register  and  county  tax  assess- 
ors, every  four  years ;  for  sheriffs,  county  trustees,  and  con- 
stables, every  two  years,  counting  from  the  first  Thursday 
in  August,  1870,  as  to  all,  except  the  caunty  tax  assessors, 
whose  election  shall  be  on  the  first  Thursday  in  August  every 
four  years,  counting  from  the  first  Thursday  in  August,  1904. 
Id.,  sec.  6;  1907,  ch.  602,  sec.  9;  const.,  art.  7,  sec.  5,  and  other 
provisions,  passim.) 

Terms  of  office  of  officers  elected  In  1870. — The  last  election  be« 
fore  the  adoption  and  establishment  of  the  constitution  of  1870  was 
held  on  the  fourth  Saturday  in  March,  1870,  under  Acts  1869-70,  ch. 
62.  The  terms  of  the  officers  elected  at  this  election  and  those  of 
the  judges  and  attorney-generals  held  in  May,  1870,  under  section 
823  of  the  Code  of  1858,  and  Acts  1869-70,  ch.  28,  sec.  7,  were  to  be 
computed  from  the  first  day  of  September,  1870,  as  provided  by  the 
first  section  of  the  schedule  to  the  constitution  of  1870,  as  shown  by 
note  1  thereunder,  p.  619. — Ed. 

13.     [1155  (825g)   1021].     Computation  of  term;  vacancy. 

— The  term  of  each  judicial  and  civil  officer  shall  be  computed 
from  the  first  day  of  September  next  succeeding  his  election. 
No  appointment  or  election,  to  fill  a  vacancy,  shall  be  made 
for  a  period  of  time  extending  beyond  the  unexpired  term. 
Every  officer  shall  hold  his  office  until  his  successor  is  elected 
or  appointed  and  qualified.  No  special  election  shall  be  held  to 
fill  a  vacancy  in  the  office  of  judge  or  attorney  for  the  state, 
but  at  the  time  herein  fixed  for  the  biennial  election  of  civil 
officers ;  and  such  vacancy  shall  be  filled  at  the  next  biennial 
election  occurring  more  than  thirty  days  after  the  vacancy 
occurs.     (1870,  ch.  22^,  sec.  7;  const.,  art.  7,  sec.  5.) 

14.     [1156   (825h)    1022].     Supreme  judges,  vacancy. — Any 

vacancy  in  the  office  of  supreme  judge  shall  be  filled  by  a  per- 
son residing  in  the  grand  division  of  the  state  in  which  the 
vacancy  occurs.     (1870,  ch.  23,  sec.  8.) 

15.     [1157  (8251)    1023]-     Elections,  by  whom  to  be  held. 

— All  elections  shall  be  opened  and  held  by  the  officers, 
judges,  and  clerks  of  elections,  appointed  by  the  commis- 
sioners of  elections,  according  to  the  rules,  regulations,  and 
restrictions  required  by  law;  and  if  any  of  said  officers, 
judges  and  clerks  shall  fail  to  attend,  other  persons  shall  be 
selected  to  fill  such  vacancy  by  a  majority  of  the  election 
officers  in  attendance.  (1870,  ch.  23,  sec.  9;  1907,  ch.  436,  sees. 
9,  10,  II,  14;  1909,  ch.  104.)    See  sec.  46. 


12  Election  Laws  of  Tennessee. 

16.  [1158  (825,  825k)  1024].     Elections  for  Governor  and 

members  of  assembly. — It  shall  be  the  duty  of  the  several 
officers,  judges,  and  clerks  of  elections,  appointed  by  the  com- 
missioners of  elections  of  the  different  counties  in  this  state, 
to  open  and  hold  an  election  at  the  different  voting  places  in 
each  county,  on  the  second  Tuesday  in  November,  1870,  and 
forever  thereafter  on  the  first  Tuesday  after  the  first  Monday 
in  November,  every  tv^o  pears,  and  at  the  same  places  to 
elect  a  governor  for  the  State  of  Tennessee  and  members  of 
the  general  assembly  thereof,  and  representatives  in  the  con- 
gress of  the  United  States ;  and  at  the  same  place  and  time, 
every  fourth  year  from  the  year  1788,  to  elect  electors  for 
president  and  vice  president  of  the  United  States.  (1870,  ch. 
15,  sec.  I ;  1907,  ch.  436,  sees.  9,  10,  11,  14;  1909,  ch.  104.) 

17.  [1159  (825I)  1025].  To  be  according  to  existing  or 
future  laws — Said  elections  shall  be  held,  the  votes  com- 
pared, due  and  correct  returns  thereof  made  out  and  trans- 
mitted, and  certificates  of  election  given  to  members  elect 
of  the  general  assembly,  and  commissions  to  the  members 
elect  in  congress,  in  accordance  with  the  laws  now  in  force 
or  hereafter  passed.     (1870,  ch.  15,  sec.  2.) 

18.  [1160  (826)  1026].  Special  elections. — Special  elec- 
tions are  to  be  held  in  the  following  cases : 

(i)  Whenever  a  vacancy  occurs  in  the  office  of  senator  or 
representative  to  the  general  assembly,  by  reason  whereof 
any  district  or  county  will  be  deprived  of  its  full  representa- 
tion. 

(2)  When  a  vacancy  occurs  in  the  office  of  representative 
in  congress,  by  which  the  state  will  be  deprived  of  its  full 
.representation  at  any  time  congress  may  be  in  session  prior 
to  the  next  general  election  for  that  office. 

(3)  Whenever  a  vacancy  in  any  office  is  required  to  be 
filled  by  election  at  other  times  than  those  fixed  by  the  gen- 
eral elections. 

(4)  In  such  other  cases  as  are  or  may  be  provided  for  by 
law- 
See  Code,  sec.  1118,  et  seq.    As  to  special  elections  for  judge  and 

district  attorney,  see  Const.,  art.  7,  sec.  5  (p.  486). 

Elections  must  be  authorized  by  statute.— The  right  to  hold  an 
election  cannot  exist  or  be  exercised,  without  an  express  grant  of 
power  to  do  so  by  the  legislature.    Brewer  v.  Davis,  9  Hum.,  208,  214. 

19.  [1161  (827)  1027].  Of  county  officers.— All  special 
elections    for   county   officers,    authorized    by    law,    shall    be 


Elections  by  the  People.  13 

ordered   by   the   commissioners   of   elections    of   the   county. 
(1907,  ch.  436;  1909,  chs.  104,  273.) 

County  judge  is  not  county  officer. — A  county  judge  is  not  a  county 
officer,  within  the  meaning  of  this  section.  State,  ex  rel.,  v.  Glenn, 
7  Heis.,  472,  486.  See  Code,  sec.  386,  and  note  2;  note  6  under  sec. 
385;  Ledgerwood  v.  Pitts,  14  Gates,  607. 

20.  [1 162  (828)  1028].  Of  other  officers.— All  other 
special  elections  are  to  be  ordered  by  the  governor,  who  shall 
issue  writs  of  election  directed  to  the  commissioners  of  elec- 
tions of  the  counties  in  which  such  election  is  required  to 
be  held. 

21.  [1163  (829)  1029].  Writs  of  election,  what  to 
specify. — These  writs  shall  specify  the  county  or  district  in 
which,  and  the  day  on  which,  such  election  is  to  be  held,  the 
cause  and  object  thereof,  the  name  of  the  person  in  whose 
office  the  vacancy  has  happened ;  and,  where  the  election  is 
ordered  in  a  district  composed  of  several  counties,  the  writ 
shall  direct  the  election  to  be  held  on  the  same  day  in  each 
county. 

22.  [1164  (830)  1030].  Notice  of  special  election  by  gov- 
ernor— The  governor  shall  also  give  notice  of  any  special 
election  for  representatives  in  congress,  members  of  the  gen- 
eral assembly,  judges,  or  attorneys-general,  by  proclamation 
published  in  at  least  two  newspapers,  one  at  the  seat  of  gov- 
ernment, the  other  in  the  county  or  district  in  which  the  elec- 
tion is  to  be  held,  or  in  the  nearest  newspaper  to  such  county 
or  district.     (1853-54,  ch.  32,  sec.  6.) 

23.  [1165  (831)  1 031].  Notice  by  commissioners  of  elec- 
tions; failure  is  a  misdemeanor. — Whenever  the  commission- 
ers of  elections  receive  a  writ  of  election  directing  a  special 
election  to  be  held,  or  receive  notice  of  a  special  election  by 
proclamation,  they  shall  immediately  give  notice  of  the  time, 
place,  and  object  of  such  election,  by  publication  in  some 
newspaper  in  the  county,  if  there  be  any  published  therein, 
and,  if  not,  by  notice  at  the  courthouse  door  and  at  each 
voting  place  in  their  county;  and  any  commissioners  of  elec- 
tions failing  to  comply  with  the  provisions  of  this  section 
are  guilty  of  a  misdemeanor.  (1907,  ch.  436;  1909,  chs.  104, 
273.)     See  Code,  sees.  37-39. 

1.  Notice  Is  essential. — The  required  notice  of  a  special  election 
is  essential  to  its  validity;  and  a  failure  to  give  such  notice  renders 
the  election  in  the  county  void.    Barry  v.  Lauck,  5  Cold.,  588,  591-594. 

2.  Notice  must  be  given  in  all  counties  of  a  division  or  district*— 
The  failure  to  give  notice  of  a  special  election  in  one  county  of  a  di« 


14  Election  Laws  of  Tennessee. 

vision  or  district  operates  as  a  practical  disfranchisement  of  the  legal 
voters  of  the  entire  county,  though  an  election  is  actually  held  in  nine 
of  the  twelve  civil  districts  in  that  county,  and  is  such  a  substantial 
and  material  failure  of  the  electoral  franchise  as  compels  the  court 
to  regard  the  election  as  a  nullity  throughout  the  entire  district,  and 
renders  an  election  for  chancellor  a  nullity  throughout  the  entire  di' 
vision,  where  it  appears  that  the  voters  who  did  not  vote  were  more 
than  sufficient  to  have  changed  the  result,  had  they  all  voted  one  way. 
Barry  v.  Lauck,  5  Cold.,  588,  591,  592.  594-599;  Nelson  v.  Sneed,  4  Gates, 
55;  Maloney  v.  Collier,  4  C^tes,  92,  93. 

3.  Statutory  provisions  essential  for  ascertaining  the  will  of  the 
people  are  indispensable. — Whatever  statutory  provisions  are  essential 
for  ascertaining  the  will  of  the  community  upon  a  particular  question 
are  obviously  indispensable.  Whatever  precautions  prescribed  by 
statute  against  mistake  or  fraud  that  are  of  such  a  nature  that  their 
omission  in  the  particular  instance  has  resulted  in  a  fraud  upon  the 
electors,  or  has  rendered  the  result  of  the  election  incurably  uncertain, 
or  the  future  omission  of  which,  if  permitted,  must  necessarily  prove 
avenues  of  fraud,  or  tend  to  prevent  a  fair  exercise  of  the  franchise,  or 
to  render  elections  insecure  and  uncertain,  must  be  held  to  be  matter 
of  substance,  and  essential  to  the  validity  of  the  election.  Barry  v. 
Lauck,  5  Cold.,  593. 

24.  [1166(832)1032].  Place  of  holding  elections. — Special 
elections  shall  be  held  and  conducted,  the  returns  thereof 
made  and  certihed,  certificates  of  election  given,  and  in  all 
other  respects,  unless  otherwise  expressly  provided,  [they] 
shall  be  regulated  by  the  provisions  of  this  title  [Code,  sections 
1069-1377]   in  relation  to  general  elections. 

25.  [ii66al].  Dates  of  election  of  United  States  sen- 
ators at  the  regular  elections  in  November. — An  election 
shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November,  A.  D.  1916,  for  the  purpose  of  electing  a  United 
States  senator  to  succeed  the  present  United  States  senator, 
whose  term  of  office  expires  March  4,  igiy  t  and  that  every 
sixth  year  thereafter  an  election  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November  for  the  election 
of  a  United  States  senator,  and  the  term  of  office  of  the 
senator  so  elected  shall  commence  on  the  fourth  day  of  March 
next  succeeding  the  time  of  his  election.  An  election  shall 
also  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November  A.  D.  1918,  for  the  purpose  of  electing  a  United 
States  senator  to  succeed  the  present  United  States  senator, 
whose  term  of  office  expires  March  4,  1919;  and  every  sixth 
year  thereafter  an  election  shall  be  held  on  the  first  Tuesday 
after  the  first  Monday  in  November  for  the  election  of  a 
United  States  senator,  and  the  term  of  office  of  the  senator 
so  elected  shall  commence  on  the  fourth  day  of  March  next 


Elections  by  the  People.  15 

succeeding  the  time  of  his  election.     (1913,  ist  ex.  ses.,  ch.  8, 
sec.  I.) 

26.  [ii66a2].  Election  at  next  regular  biennial  election 
in  November  to  fill  vacancy. — Whenever  any  vacancy  shall 
occur  in  the  office  of  United  States  senator,  his  successor 
shall  be  elected  at  the  next  regular  biennial  election  in  No- 
vember, and  shall  hold  office  until  the  term  for  which  his 
predecessor  was  elected  shall  have  expired.  (1913,  ist  ex. 
ses-,  ch.  8,  sec.  2.) 

27.  [ii66a3].  Vacancy  when  congress  is  in  session  may 
be  filled  by  appointment  of  governor  until  next  regular  bien- 
nial election  in  November. — Whenever  any  vacancy  in  the 
office  of  United  States  senator  occurs  by  which  the  state  will 
be  deprived  of  its  full  representation  at  any  time  congress 
may  be  in  session,  prior  to  the  next  general  biennial  election, 
then,  in  such  cases,  the  governor  of  the  State  of  Tennessee 
is  hereby  authorized  to  fill  said  vacancy  by  appointment,  and 
such  appointee  shall  hold  office  until  his  successor  is  elected 
and  quahfied  at  the  next  regular  biennial  election  in  Novem- 
ber after  said  appontment.     (1913,  ist  ex.  ses.,  ch.  8,  sec.  3.) 

28-  [ii66a4].  Names  of  candidates  for  United  States 
senator  to  be  placed  on  ballots. — The  names  of  candidates  for 
office  of  United  States  senator  shall  be  placed  on  the  election 
ballots  along  with  the  names  of  the  candidates  for  the  various 
other  offices  to  be  elected  at  the  biennial  November  election. 
Any  candidate  for  United  States  senator  shall  be  entitled 
to  have  his  name  put  on  the  ballots  to  be  used  in  said  election 
in  the  same  manner  as  is  now  provided  by  law  for  the  placing 
of  the  names  of  candidates  upon  ballots.  (1913,  ist  ex.  ses., 
ch.  8,  sec.  4.) 

29.  [ii66a5]-  Elections  for  United  States  senator  under 
general  election  laws. — All  elections  for  the  office  of  United 
States  senator  shall  be  held  under  the  general  election  laws 
of  this  state.     (1913,  ist  ex.  ses.,  ch.  8,  sec.  5.) 

30.  [ii66a6].  New  election,  if  there  be  a  tie  in  the  elec- 
tion of  United  States  senator. — Whenever  there  shall  be  a  tie 
vote  in  any  election  for  United  States  senator,  said  election 
shall  be  void ;  and  the  governor  shall  thereupon  immediately 
issue  a  writ  directing  the  holding  of  a  new  election,  the  date 
of  which  election  to  be  named  in  said  writ,  and  shall  not  be 
less  than  thirty  nor  more  than  forty  days  after  the  election 
so  declared  to  be  void.    (1913,  ist  ex.  ses.,  ch.  8,  sec.  6.) 


16  Election  Laws  of  Tennessee. 

31.  [ii66a7].  Ballots  cast  for  United  States  senator  to 
be  counted  and  results  certified — The  ballots  cast  for  candi- 
dates for  United  States  senator  shall  be  counted  by  and  the 
results  certified  by  the  officers  holding  the  election,  along 
with  the  votes  cast  for  other  candidates  under  the  existing 
general  election  laws.     (1913,  ist  ex.  ses.,  ch.  8,  sec.  7.) 

32.  [ii66a8].  Election  returns  to  be  made  by  commis- 
sioners of  elections. — On  the  Monday  next  following  the  elec- 
tion, the  election  commissioners  shall  make  out  triplicate 
returns  of  the  number  of  votes  received  by  each  candidate 
for  United  States  senator,  and  forward  one  copy  by  mail  to 
the  governor,  another  copy  by  different  mail  to  the  secretary 
of  state,  and  deposit  the  third  copy  in  the  office  of  the  county 
court  clerk.     (1913,  ist  ex-  ses.,  ch.  8,  sec.  8.) 

33.  [ii66a9].  Governor,  secretary  of  state,  and  attor- 
ney-general shall  compare  the  votes  and  declare  the  results; 
certificates  of  election. — As  soon  as  said  election  returns  are 
received,  the  governor,  the  secretary  oi  state,  and  the  attor- 
ney-general shall,  in  the  presence  of  such  candidates  as 
choose  to  attend,  compare  the  votes  and  declare  the  person 
receiving  the  highest  number  of  votes  duly  elected.  The  per- 
son receiving  the  highest  number  of  votes  shall  be  entitled 
to  a  certificate  of  election,  signed  by  the  governor,  which 
certificate  of  election  shall  be  directed  to  the  president  of 
the  senate  of  the  United  States,  under  the  seal  of  the  state, 
and  countersigned  by  the  secretary  of  state  of  the  state. 
(1913,  1st  ex.  ses.,  ch.  8,  sec.  9-) 


CHAPTER  4. 

ELECTORS. 

34.     [1167   (833a)    1033].       Persons    entitled    to    vote.— 

Every  person  of  the  age  of  twenty-one  years,  being  a  citizen 
of  the  United  States  and  a  resident  of  this  state  for  twelve 
months,  and  of  the  county  wherein  he  may  offer  his  vote  for 
six  months  next  preceding  the  day  of  election,  shall  be  en- 
titled to  vote  for  members  of  the  general  assembly  and  other 
civil  officers  for  the  county  or  district  in  which  he  may 
reside.  (1870,  ch-  10,  sec.  i;  1873,  ch.  i;  1919,  ch.  139;  19th 
am  to  U  S  const.,  and  certified  as  adopted  and  proclaimed  as 
ratified,  Aug.  26,  1920.) 

Limited  suffrage  was  granted  to  women  by  Acts  1919,  ch.  139,  to 


Electors.  17 

vote  in  certain  elections,  and  this  statute  was  construed  in  several 
aspects,  in  the  case  of  Vertrees  v.  Board,  14  Thomp.,  645. 

35.  [ii68  (833d)  1034].  Vote  in  home  district  or  ward; 
violation  a  misdemeeuior. — All  voters  in  this  state  shall  be 
required  to  vote  in  the  civil  district  or  ward  in  which  they 
reside,  except  as  hereinafter  provided;  and  any  person  vio- 
lating these  provisions  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  fined  not  less  than  ten  nor 
more  than  twenty-five  dollars-  (1870,  ch.  10,  sec.  4.)  See 
sees.  36,  38. 

1.  Voters  to  vote  in  nearest  voting  precinct  in  what  counties. — By 
Acts  1919  (Private),  ch.  181,  it  is  provided  that  voters  shall  vote  in 
their  nearest  voting  precinct  in  counties  having  a  population  of  not 
less  than  39357  nor  more  than  39,500,  by  the  federal  census  of  1910, 
or  by  any  subsequent  federal  census,  excepting  incorporated  towns 
in  said  counties.  Under  the  federal  censuses  of  1910  and  1920,  and 
under  Hall  v.  State,  16  Gates,  235,  238,  241-243,  246,  247,  said  act  is 
applicable  to  Madison  county  alone. 

2.  Voting  out  of  one's  ward,  tiiough  in  his  district,  is  a  misde< 
meaner. — The  intention  of  the  statute  is  that  each  voter  shall  cast 
his  vote  within  his  own  civil  district,  where  a  voting  place  is  provided 
for  the  district,  and  in  cities  or  towns  where  the  civil  district  may  be 
divided  into  wards,  that  he  shall  vote  in  his  own  ward,  except  in  cases 
especially  provided  for  in  the  next  following  section,  and  a  violation  of 
the  statute  is  a  misdemeanor.    Green  v.  State,  1  Shannon's  Cases,  456. 

3.  .Sofdiers  residing  in  the  national  home  cannot  vote,  when. — The 
reservation  of  the  right  of  the  inmates  of  the  national  home  for  dis- 
abled volunteer  soldiers  near  Johnson  Gity,  in  Washington  county,  in 
this  state,  to  vote  in  all  elections  in  this  state,  in  the  place  where  said 
home  is  located,  upon  their  complying  with  the  requirements  of  the 
laws  regulating  elections,  made  in  section  2  of  chapter  98  of  Acts 
1901,  ceding  to  the  United  States  exclusive  jurisdiction  over  the  land 
on  which  said  home  was  erected,  is  unconstitutional,  invalid,  and  non- 
effective. State,  ex  rel.,  v.  Willett,  9  Gates,  334,  342—350.  See  Rhine- 
hart  V.  State,  13  Gates,  435;  Divine  v.  Bank,  17  Gates,  106. 

The  inmates  and  employees  working  and  eating  in  such  soldiers* 
home,  regularly  and  irregularly,  but  residing  with  their  families  on 
the  outside,  may  vote,  if  otherwise  qualified.  State,  ex  rel.,  r.  Willett, 
9  Gates,  334,  348,  349,  351. 

36.  [1169.  1035].  Exceptions. — In  the  followng  cases, 
electors  may  vote  out  of  the  v^ard  or  district  in  which  they 
reside : 

(i)  Judges,  jurors,  litigants,  and  v^itnesses  attending 
court  may  vote  in  any  v^ard  or  district  in  v^hich  the  court  is 
held.     (1870,  ch.  10,  sec.  4.) 

(2)  Officers  holding  elections  may  vote  in  any  ward  or 
district  in  which  they  may  hold  an  election-     (lb). 

Repealed  by  implication. — This  paragaph  is  thought  to  be  repealed 


18  Election  Laws  of  Tennessee. 

by  implication  by  Acts  1907,  ch.  436,  sees.  13  and  14,  compiled  in  sec- 
tions 9'5  and  96  of  this  compilation,  requiring  officers  of  elections  to 
be  residents  and  citizens  of  the  ward  or  district  or  precinct  in  which 
the  voting  place  for  which  they  are  appointed  is  situated. — Ed. 

(3)  Candidates  for  county  and  state  offices  or  for  con- 
gress may  vote  in  any  ward  or  district  in  their  county  in 
which  they  may  be  on  the  day  of  election.     (1877,  ch.  63.) 

(4)  If,  from'  any  cause,  there  should  be  a  failure  to  hold 
an  election  in  any  civil  district  or  ward,  the  voters  thereof 
may  vote  in  any  other  district  or  ward  in  their  county  or  town. 
(1870,  ch.  10,  sec.  4.) 

(5)  All  rural  route  mail  carriers  may  vote  at  the  precinct 
or  voting  place  at  which  they  may  be,  in  the  discharge  of 
their  duties,  in  any  and  all  elections,  when  in  the  judgment 
of  the  election  officers  they  are  otherwise  qualified  to  vote. 
(1915,  ch.  22.) 

37-  [1170  (834)  1036].  Who  not  to  vote. — No  person 
shall  vote  at  any  election  in  this  state  who  has  been  con- 
victed of  bribery,  or  the  offer  to  bribe,  of  larceny,  or  any 
other  offense  declared  infamous  by  the  laws  of  this  state, 
unless  he  has  been  restored  to  citizenhip  in  the  mode  pointed 
out  by  law. 

38.  [1171  (835)  1037].  Place  of  voting. — No  person's 
vote  shall  be  received  out  of  the  county  in  which  he  resides. 
But  if  any  person  go  out  of  his  county  for  a  definite  purpose, 
not  intending  to  change  his  home,  and  returns  on  or  before 
the  day  of  election,  he  shall  be  entitled  to  vote ;  and  when 
any  person  has  a  fixed  residence  in  a  county,  the  same  shall 
continue  to  be  his  residence,  until  he  changes  the  same  to 
some  other  county  or  state-  (1841-42,  ch,  31,  sec.  16.)  See 
sec.  36. 

39.  [1172  (836)  1038].  Electors'  privileges. — Electors 
shall  in  all  cases,  except  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  or  summons,  during  their 
attendance  at  elections,  and  in  going  to  and  returning  from 
them. 

See  Const,  art  4,  sec.  3,  and  notes  3  and  4  (p.  378). 

40-  [1173  (836a)  1039].  Contracts  in  restraint  of  the 
elective  franchise. — The  laws  of  this  state  shall  guarantee 
to  every  qualified  voter  the  right  to  go  to  the  polls  and  vote, 
without  fear  or  molestation.  No  person  shall  be  allowed  to 
make  contracts  with  work  hands  or  others  in  their  employ 
that  will,  or  is  intended  to,  keep  them  from  going  to  the 


Election  Precincts.  19 

polls  on  election  days ;  nor  shall  they,  or  any  party,  have  the 
legal  right  to  claim  that  any  contract  has  been  violated 
because  parties  or  individuals  in  their  employ  left  their  v^ork 
or  lands  to  go  and  vote  on  election  days  in  their  county. 
(1867-68,  ch.  67,  sec.  10.) 

41.  [11 74   (836b)    1040].     Candidate's    oath    abolished. — 

No  candidate  for  any  official  position  in  this  state  shall  be 
required  to  take  and  subscribe  to  any  oath ;  and  all  laws 
requiring  any  oath  are  hereby  repealed.  (1869-70,  ch.  115, 
sec.   I.) 

See  const.,  art.  i,  sec.  5;  art.  i,  sees.  1,2,  3;  art.  10,  sees. 
3.5. 

CHAPTER  5. 

ELECTION  PRECINCTS. 

42.  [11 75  (837)   1041]-     Place  of  holding  elections. — The 

places  of  holding  elections  shall  be  in  each  civil  district,  at 
some  convenient  locality,  to  be  designated  by  the  county 
court  at  least  six  months  before  the  election,  and  entered  of 
record.     (1821,  ch.  27,  sec,  i.)     But  see  sec.  45,  and  note. 

43.  [1176  (838)  1042].  Courthouse. — The  courthouse  of 
the  county  is  alway^^  place  of  voting,  although  other  places 
may  be  established  m  the  civil  district  in  v^hich  the  court- 
house is  situated-     (1837-38,  ch.  23.) 

44.  [1177     (838a)     1043].     Numerous    precincts.  —  The 

county  court  may  establish  more  than  one  voting  place  in  any 
civil  district,  whenever  the  public  convenience  shall  require 
the  same.  (1869-70,  ch.  66,  sec.  i.)  But  see  sees.  35,  45,  and 
note. 

Voting  places  in  Greene  county  clianged  by  legislative  acts. — By 
Acts  1909,  ch.  203,  the  voting  place  in  the  Fourth  civil  district  of  Greene 
county,  Tennessee,  was  changed  from  Phillips'  schoolhouse  to  Mohawk. 

By  Acts  1909,  ch.  291,  the  voting  place  of  the  Sixteenth  district  of 
Greene  county,  Tennessee,  was  changed  from  Cedar  Grove  to  Union 
Temple  schoolhouse. 

45.  [ii77ai].  Registration  and  voting  ^visions  may  be 
established  by  commissioners  of  elections,  when. — Whenever 
tw^o  or  more  civil  districts  have  been  consolidated  into  one 
civil  district  or  the  parts  of  one  or  more  civil  districts  added 
to  another  civil  district,  or  v^here  a  civil  district  lies  partly 
v^ithin  and  partly  without  an  incorporated  town,  city,  or 
taxing  district,  and  such  part  thereof  as  is  not  divided  into 


20  Election  Laws  of  Tennessee. 

wards  [,they]  may  be  divided  and  designated  into  as  many 
"registration  and  voting  divisions"  of  the  civil  districts  by 
the  commissioners  of  elections  as  may  be  necesary  for  the 
convenience  and  accessibility  of  the  voters  of  such  civil  dis- 
tricts for  the  registration  and  voting  of  such  voters  as  reside 
in  said  "registration  and  voting  divisions"  of  civil  districts, 
and  two  registrars  shall  be  appointed  for  each  "registration 
and  voting  division"  of  civil  districts,  who  shall  be  furnished 
books,  stationery,  register  the  voters  residing  in  said  regis- 
tration and  voting  divisions  of  civil  districts,  and  do  all  things 
provided  by  law  to  be  done  as  other  registrars.  When  the 
registration  and  voting  divisions  have  been  defined,  they  shall 
not  be  altered,  except  upon  a  petition  signed  by  fifty  free- 
holders of  such  divisions  and  not  until  after  thirty  days' 
notice  pubHshed  once  a  week  for  four  weeks  in  some  daily 
or  weekly  paper  having  a  general  circulation  in  the  county 
and  also  posted  at  the  courthouse  door  for  thirty  days,  setting 
forth  the  proposed  changes.  (1905,  ch.  254;  1907,  ch.  436, 
sec.  19.) 

See  sees.  42-44. 

Power  to  establish  voting  places. — The  power  conferred  upon  the 
commissioners  of  elections,  by  section  45,  to  designate  and  define 
"registration  and  voting  divisions"  of  civil  districts,  in  the  special 
instances  mentioned,  does  not  interfere  with  the  general  power  and 
jurisdiction  conferred  upon  the  county  court,  by  sections  42-44,  to 
establish  voting  places  in  the  civil  districts.  This  is  certainly  true 
in  all  cases  other  than  the  special  instances  given  in  section  45. 
Whether  the  power  and  jurisdiction  of  the  county  court  is  interfered 
with  or  curtailed  in  the  special  instances  mentioned  is  a  question 
more  difficult  of  solution,  and  one  worthy  of  consideration.  See  Code, 
sec.  1654,  and  note;  Harmon  v.  Taylor,  15  Lea,  535,  536,  537;  Led- 
better  v.  Turnpike  Co.,  2  Cates,  92. 


CHAPTER  6. 

OFFICERS   OF   POPULAR   ELECTIONS. 

46.     [1 178    (839)    1044].     Who     to    hold     elections.— The 

judges,  clerks,  and  officers  of  election,  appointed  by  the  com- 
missioners of  elections,  or,  in  case  of  a  vacancy,  by  a  majority 
of  themselves,  shall  hold  all  popular  elections.  (1796,  Mar. 
ses,  ch.  9,  sec.  i ;  1835 — 36,  ch.  2,  sec.  i  ;  1907,  ch.  436,  sees.  9, 
10,  Ti,  14;  1909,  ch.  104,  sees.  I,  2.)     See  sec.  15. 

1.  Sheriff's  appointment  of  election  officers  is  unlawful  and  void. — 
Under  the  former  law  empowering  and  requiring  the  sheriff,  by 
himself  or  his  deputies,  to  hold  all  popular  elections,  except  when  he 
was  a  candidate,  the  sheriff's  appointment  of  special  deputies  for  an 


Officers  of  Popular  Elections.  21 

election  at  which  he  was  a  candidate  for  reelection,  though  done 
under  legal  advice,  was  unlawful  and  unwarranted,  and  was  abso- 
lutey  void,  and  conferred  no  authority  whatever  upon  such  deputies. 
Moore  v.  Sharp,  14  Pickle,  491,  507-510. 

It  would  necessarily  follow  from  this  decision  that  the  sheriff's 
appointment  of  special  deputies  for  any  election  under  the  existing 
law,  when  he  is  a  candidate,  would  he  absolutely  void,  and  would 
confer  no  authority  whatever  upon  such  special  deputies. — Ed. 

2.  Candidacy  that  renders  officer  incompetent  must  be  at  time 
of  election. — If  an  officer  of  an  election  is  not  a  candidate  at  the  time 
of  the  election  and  is  not  voted  for,  he  is  qualified  to  hold  the  same, 
though  he  may  have  been  a  candidate  a  few  days  before.  McCraw  v. 
Harralson,  4  Cold.,  34,  40,  41. 

47.  [1179  (840)  1045].  In  part  cut  ofiF  to  form  a  new 
county. — In  all  cases  not  otherwise  provided  for,  when  frac- 
tions of  counties  have  been  cut  off  to  establish  a  new  county, 
the  commissioners  of  elections  of  each  old  county  shall,  till 
the  next  apportionment  of  representatives,  hold  all  elections 
for  governor,  members  of  congress,  and  of  the  general  assem- 
bly; and  the  commissioners  of  elections  of  each  old  county 
shall  appoint  inspectors  of  said  elections.  See  const.,  art.  10, 
sec.  5  (p.  517)  ;  sec.  loi,  post. 

48.  [11 80  840a)  1046].  Citizens  in  new  counties  may 
vote  therein,  after  old  counties  have  been  redistricted,  when. 

— In  all  cases  where,  by  law,  new  counties  are  required  to 
vote  with  the  old  counties  from  which  they  were  taken,  and 
said  old  counties  have  been  redistricted,  and  under  said  divi- 
sion into  districts,  no  district  is  laid  off  in  the  new  counties, 
the  voters  of  any  fragment  of  the  old  counties  so  taken  off 
shall  vote  in  the  district  laid  off  from  said  portion  of  the  old 
counties  by  the  county  court  of  the  new  county ;  and  the 
ofiBcers  required  by  law  to  open  and  hold  elections  shall  open 
and  hold  the  same  at  the  places  required  by  law.  (1861,  ist 
ex.  ses.,  ch.  10,  sec.  5.) 

1.  Constitutionality  of  this  section. — The  statute  compiled  in 
this  section  seems  to  be  unconstitutional  to  the  extent  that  it  may 
operate  to  authorize  the  citizens  in  a  new  county  to  vote  in  the  dis- 
tricts of  said  county  "for  members  of  congress,  for  governor  and  for 
members  of  the  general  assembly  until  the  next  apportionment  of 
members  to  the  general  assembly,"  because  the  constitution  (art.  10, 
sec.  5)  requires  the  citizens  who  may  be  included  in  any  new  county 
to  vote  with  the  county  or  counties  from  which  their  territory  was 
taken,  for  such  officers.  This  section  clearly  violates  said  constitu- 
tional provision  in  so  far  as  it  operates  to  authorize  the  citizens  in 
the  new  counties  to  vote  in  the  districts  of  said  counties  before  the 
next  apportionment  of  members  to  the  general  assembly. — Ed. 

2.  Section  1181  of  the  Code  of  1896  is  superseded  by  section  83 
of  this  compilation. — Ed. 


22  Election  Laws  of  Tennessee. 

3.  Section  1182  of  the  Code  of  1896  is  superseded  by  section  84 
of  this  compilation — Ed. 

49.  [1183  (842)  1049].  Appointment  in  case  of  no  ap- 
pointment or  failure  to  serve. — If  the  commissioners  of  elec- 
tions fail  to  make  the  appointment,  or  those  appointed  refuse 
to  serve,  the  sheriff,  with  the  advice  of  three  justices,  or,if 
none  be  present,  three  respectable  freeholders,  shall,  before 
the  beginning  of  the  election,  appoint  said  inspectors  or 
judges.  (1796,  Mar.  ses.,  ch.  9,  sec.  i ;  1907,  ch.  436,  sec.  14.) 
See  sec.  96. 

Informalities  in  the  appointment  of  inspectors  or  judges  of  elec- 
tions will  not  vitiate  the  election. — This  section  is  merely  directory. 
Its  object  is  to  secure  just  and  competent  inspectors;  and  when  that 
end  is  attained,  without  prejudice  to  the  contestants,  the  want  of  a 
strict  conformity  to  the  law  constitutes  no  ground  for  declaring  the 
election  void.  McCraw  v.  State,  4  Cold.,  34,  42,  43  (headnote  3); 
Cook  V.  State,  6  Pickle,  414. 

50.  [1184  (843)   1050].     Who  may  act  as  judges. — If  the 

election  officers,  w^hose  duty  it  is  to  attend  at  a  particular 
place  of  voting  under  the  law,  fail  to  attend,  any  justice  of 
the  peace  present,  or,  if  no  justice  of  the  peace  be  present,  any 
three  freeholders  may  perform  the  duties  of  appointing  the 
inspectors  or  judges,  or,  in  case  of  necessity,  may  act  as  offi- 
cers or  inspectors.     (1907,  ch.  436.) 

Question  whether  sections  49  and  50  are  in  force. — Since  the  en- 
actment of  the  statute  compiled  in  sections  74  to  101,  it  is  question- 
able whether  sections  49  and  50,  even  as  modified  herein,  are  in  force. 
Section  49  makes  provision  for  filling  vacancies  where  part  of  the 
election  officers  failed  to  attend;  but  there  is  no  provision  in  that 
section,  and  there  seems  to  be  none  in  said  act,  for  the  appointment 
of  election  oflS^cers  where  the  commissioners  of  elections  have  failed 
to  appoint  them,  or  where  all  those  appointed  fail  to  attend.  There- 
fore, it  may  be  that  sections  49  and  50,  and  especially  50,  are  in  force 
for  the  appointment  of  election  oflaicers,  in  the  contingency  that  the 
commissioners  of  elections  have  appointed  none,  or  all  those  ap- 
pointed fail  to  attend. — Ed. 

51.  [1185  (844)  1051].  Oath  of  judges. — The  officer  or 
person  holding  any  election,  or  some  justice  of  the  peace, 
before  the  opening  of  the  polls,  shall  administer  to  the 
judges  appointed  to  hold  the  election  the  following  oath: 
"You  do  solemnly  sv^ear  that,  as  judge  of  this  election,  you 
will  suffer  no  one  to  vote,  whom  you  know,  of  your  own 
knowledge,  or  who  appears,  either  by  his  own  oath  or  by 
the  testimony  of  others,  not  to  be  a  qualified  voter;  that 
you  will  not  suffer  the'  ballot  box  to  be  out  of  the  presence 
or  sight  of  at  least  two  of  your  number  until  every  vote  is 


Officees  of  Popular  Elections.  23 

counted  out ;  that  you  will  faithfully  and  impartially  conduct 
yourselves  as  judges  of  this  election;  and  that  you  will,  in 
all  respects,  perform  the  duties  imposed  upon  you  by  law 
as  judges  and  inspectors  of  this  election.  So  help  you  God." 
(1796,  Mar.  ses.,  ch.  9,  sec.  8;  1809,  April  ses.,  ch,  36;  1837-38, 
ch.  185;  1841-42,  ch.  31,  sec.  5;  1879,  ch.  191.) 

1.  Not  repealed. — Section  844  of  the  Code  of  1858,  compiled  here- 
in as  section  51,  was  not  repealed  by  Acts  1865,  ch.  16,  sec.  7,  either 
in  terms  or  by  implication.  McCraw  v.  Harralson,  4  Cold.,  43. 

2.  Irregularities  in  qualification  will  not  vitiate  election. — Irregu- 
larities in  the  qualification  of  the  inspectors  of  the  election  do  not 
render  the  election  void;  for  strictness  in  technical  conformity  to  the 
requirements  of  the  statute  would  defeat  rather  than  uphold  popular 
elections.  McCraw  V.  Harralson,  4  Cold.,  34,  37,  42,  44  (headnote  4); 
Cook  V.  State,  6  Pickle,  414. 

52.  [1 186  (845)   1052].     Oath  of  clerks  of  election.— The 

clerks  of  the  different  elections  shall  take  the  following  oath : 
"You  do  solemnly  swear  that  you  will  faithfully,  truly,  and 
impartially  discharge  your  duty  as  clerks  of  this  election. 
So  help  you  God."  Which  oath  shall  be  administered  by  the 
person  administering  the  oath  of  office  to  the  judges  or  in- 
spectors of  the  election,  or  by  one  of  the  judges  themselves. 
1796,  Mar.  ses.,  ch.  9,  sec.  8;  1841 — ^42,  ch.  31,  sec.  11.)  See 
Acts  1869-70,  ch.  115,  sec.  2. 

53.  [1187].  Compensation  for  holding  elections. — Judges, 
clerks,  and  officers  holding  [a]  general  election  in  the  several 
counties  of  this  state  shall  each  be  entitled  to  and  receive 
for  said  service  one  dollar  per  day,  for  one  day  only.  (1887, 
ch.  62,  sec.  I.) 

Compensation  of  election  officers  in  certain  counties. — By  Acts 
1919,  Private,  ch.  496,  it  is  provided  that  all  election  officers,  judges, 
clerks,  registrars,  and  assistant  registrars  in  elections  in  Washington 
county  shall  receive  two  dollars  per  day. 

By  Acts  1921,  Private,  ch.  433,  it  is  povided  that  the  election  of' 
ficers,  judges,  clerks,  registrars,  and  assistant  registrars  shall  receive 
two  dollars  and  fifty  cents  per  day  in  Wilson  county. 

By  Acts  1921,  Private,  ch.  702,  sec.  2,  it  is  provided  that  each  elec* 
tion  officer,  judge,  clerk,  registrar,  or  marker,  when  the  polls  stay 
open  until  seven  o'clock  p.m.,  shall  receive  three  dollars  for  each 
election  in  any  ward,  district,  or  precinct  in  counties  having  a  popu- 
lation of  not  less  than  112,000  or  not  more  than  115,000  by  the  federal 
census  of  1920  or  any  subsequent  federal  census.  Under  the  federal 
census  of  1920,  said  act  is  applicable  in  Knox  county  alone. — Ed. 

54.  [1188].  Commissioners  of  elections  to  make  list  of 
those  holding  elections;  trustee's  warrant  for  their  compen- 
sation.— It  shall  be  the  duty  of  the  commissioners  of  elec- 


24  Election  Laws  of  Tennessee. 

tions  of  each  county,  when  the  returns  of  an  election  from 
the  several  civil  districts  and  wards  of  their  county  are  de- 
posited with  them,  to  make  out  a  complete  list  of  the  judges, 
clerks,  and  officers  holding  such  election,  and  deliver  such 
list  to  the  judge  or  chairman  of  the  county  court,  who  shall 
issue  his  warrant  in  favor  of  each  of  said  judges,  clerks,  and 
officers  for  the  sum  of  one  dollar,  to  be  paid  by  the  trustee 
of  the  county  out  of  any  money  in  his  hands,  collected  for 
county  purposes.     (Id,  sec.  2;  1907  ch.  436.)     See  sees.  74-101. 

55.  Publication  and  notice  of  appointment  of  election 
officers;  form  of  notice  prescribed. — Fifteen  days  before  the 
date  fixed  for  the  holding  of  any  legalized  election  in  this 
state,  where  it  is  the  duty  of  the  county  board  of  commis- 
sioners of  elections  to  appoint  the  officers  who  shall  hold 
such  election,  the  secretary  of  such  board  shall  not  only 
publish  the  list  of  election  officers  selected  in  the  manner 
now  provided  by  statute,  but  he  shall  also  notify  each  officer 
selected  of  his  appointment  by  either  letter  or  postal  card 
and  shall  use  substantially  the  following  form  of  notice : 

To 

You  are  hereby  notified  that  you  have  been  appointed  by 

the  commissioners  of  elections  as  a (state  in  what 

capacity,  whether  as  judge,  clerk,  etc.),  to  hold  the  election 

for    ,  at  precinct ,   ward , 

or civil  district  on  the day  of 

between  the  hours  of   a.  m.  and p.  m.,  and  fail 

not  under  penalty. 

This day  of ,  192 .  . . 


Secretary  of  Commissioners   of  Elections. 

(1919,  ch.  45,  sec.   I.) 

56.  Election  officer's  failure  to  discharge  duties  is  a  mis- 
demeanor; fine;  inquisitorial  power. — Any  person  so  notified 
of  his  appointment  who  fails  to  appear  at  the  time  and  place 
designated  in  said  notice,  and  discharge  the  duties  of  the 
office  to  which  he  has  been  appointed,  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  fifty  dollars,  arid  the 
grand  jury  shall  have  inquisitorial  power  over  all  such  of- 
fenses, and  shall  inquire  into  and  make  presentments  there- 
of,    (lb.) 

57.  What  constitutes  defense  to  prosecution;  false  state- 


Officers  of  Popular  Elections.  25 

ment  is  perjury. — But  it  shall  be  a  good  defense,  however, 
for  any  person  who  has  been  so  prosecuted,  who  shall  show 
to  the  satisfaction  of  the  caurt  that  on  the  date  fixed  for  said 
election,  the  state  of  his  own  health,  or  that  of  some  member 
of  his  family  was  such  as  to  require  his  absence  or  that  some 
pressing  or  urgent  business  engagement,  the  neglect  of  which 
would  cause  irreparable  loss,  or  the  pubHc  service  would  have 
been  materially  injured.  Any  false  statement  under  oath, 
knowingly  made  as  to  the  existence  of  either  of  these  de- 
fenses, shall  constitute  the  offense  of  perjury.     (lb.) 

58.  Electicn  officers  to  certify  delinquents  to  chairman 
who  shall  furnish  their  names  to  the  grand  jury. — It  shall  be 
the  duty  of  the  officers  present  and  holding  the  election,  to 
certify  to  the  chairman  of  the  board  of  election  commissioners 
of  the  county,  the  names  of  those  who  fail  to  appear  at  the 
time  and  place  named  in  said  notice  and  discharge  the  duties 
of  the  office  to  which  they  have  been  appointed.  And  it  shall 
be  the  duty  of  the  chairman  of  said  board  to  furnish  the 
first  grand  jury  sitting  in  the  county  after  the  date  of  holding 
such  election,  with  the  names  of  the  delinquent  officials. 
(1919,  ch.  45,  sec.  2.) 

59.  Delinquent  may  file  affidavit  with  chairman  showing 
defense  in  section  57,  and  he  shall  file  it  with  his  recommenda- 
tion with  grand  jury. — Should  such  delinquent  official,  on  or 
before  the  convening  of  such  grand  jury,  file  with  said  chair- 
man his  affidavit,  showing  that  the  state  of  his  own  health 
or  that  of  some  member  of  his  family  was  such  as  to  require 
his  absence  from  said  election ;  or  that  some  pressing  or 
urgent  business  engagement,  the  neglect  of  which  would 
cause  irreparable  loss,  or  that  the  public  service  would  have 
been  materially  injured  by  his  attendance  upon  such  election, 
it  shall  be  the  duty  of  said  chairman  to  file  such  affidavit 
together  with  his  recommendation  in  the  premises,  with  the 
grand  jury  and  upon  the  receipt  of  which  it  may  then  de- 
termine whether  or  not  it  will  exercise  its  inquisitorial  power 
as  to  such  case.     (lb.) 

CHAPTER  7. 

STATE   BOARD   OF   ELECTIONS. 

60.  [ii88ai].  State  board  of  elections  created  and  to 
be  elected. — ^There  shall  be  elected  by  the  joint  vote  of  both 
houses  of  the  general  assembly  a  board  of  three  persons  to 


26  Election  Laws  op  Tennessee 

be  known  as  the  "State  Board  of  Elections,"  which  shall 
have  and  exercise  all  the  powers  conferred  upon  said  board 
by  this  chapter.    (1907,  ch.  435,  sec.  i ;  1909,  ch.  103,  sec.  i.) 

1.  Acts  1909,  ch.  103,  is  not  unconstitutional  for  irregularities  in 
its  passage. — Said  act,  amending  Acts  1907,  ch.  435,  and  compiled  in 
this  article,  is  not  unconstitutional  for  any  ground  of  attack  made  upon 
the  regularity  of  its  passage,  or  for  alleged  irregularities  occurring 
in  the  journal  entries,  as  shown  in  Richardson  v.  Young,  14  Gates, 
471,  566-569,  as  appearing  in  headnotes  20-22.  See  Const.,  p.  260,  note 
3;  p.  261  note  4;  p.  264,  note  21. 

2.  This  statute  is  not  unconstitutional  in  authorizing  the  election 
by  the  legislature,  instead  of  appointment  by  the  governor. — The 
power  of  election  or  appointment  to  office  is  a  political  power,  not  in- 
herently belonging  to  any  department  of  the  government,  and  the 
power  of  appointment  to  office,  not  otherwise  vested,  may  be  exer- 
cised by  the  legislature,  under  the  proper  construction  and  practice 
of  the  constitution.  Therefore,  this  statute  authorizing  the  election 
of  the  state  board  of  elections  by  the  legislature,  instead  of  their  ap- 
pointment by  the  governor,  is  not  for  that  reason  unconstitutional. 
Richardson  v.  Young,  14  Gates,  471,  504-523  (headnote  6).  On  the 
general  principle,  see  Telephone  Go.  v.  Telephone  &  Telegraph  Go., 
17  Gates,  279;  Prescott  v.  Duncan,  18  Gates,  147;  State,  ex  rel.,  v. 
Baseball  Glub,  19  Gates,  303,  305;  Railroad  v.  Transportation  Go.,  1 
Thomp.,  289;   McGamey  v.  Gummings,  3  Thomp.,  502,  503. 

For  the  reasons  by  which  this  conclusion  was  reached,  see  said 
headnote  6  on  page  473  of  14  Gates;  Gonst,  p.  484,  note  6. 

3.  Election  by  joint  convention  of  the  general  assembly. — The 
requirement  of  this  statute  that  the  state  board  of  elections  shall  be 
elected  "by  the  joint  vote  of  both  houses  of  the  general  assembly" 
clearly  authorizes  a  joint  convention  of  the  members  of  the  general 
assembly  for  such  election  purposes.  Richardson  v.  Young,  14  Gates, 
471,  537,  538  (headnote  16).  See  Gonst,  art.  7,  sec.  3  (p.  481),  and 
note  6  (p.  482). 

4.  Legislature  may  appoint  to  office  by  legislative  act,  or  in  joint 
session,  where  not  otherwise  provided  by  the  constitution. — See  Gonst., 
art.  7,  sec.  4  (p.  483),  and  note  6  (p.  482). 

5.  Question  whether  the  constitutional  quorum  of  each  house  of 
the  general  assembly  applies  to  the  joint  convention  of  both  houses 
Is  reserved,  and  not  decided,  but  the  negative  is  indicated. — ^See  Const., 
art.  2,  sec.  11,  and  note  3  (p.  215). 

6.  Question  whether  election  by  joint  vote  of  the  general  assembly 
was  invalid  for  want  of  a  constitutional  quorum  of  the  senate  was  re- 
served, because  cured  by  appointment  under  section  63.  See  Const., 
p.  482,  note  7. 

61.  [  I  i88a2] .  Not  more  than  two  from  the  same  political 
party. — Not  more  than  tw^o  of  the  three  members  of  the  state 
board  of  elections  shall  be  of  the  same  political  party,  and 
both  the  representatives  of  the  majority  and  minority  parties 
shall  be  bona  fide  members  of  the  party  they  are  appointed 
to  represent,  and  any  two  members  of  said  board  shall  con- 


State  Board  op  Elections.  27 

stitute  a  quorum  for  the  transaction  of  business.     (1907,  ch. 
435»  sec.  2.)     See  sec.  71. 

62.  [ii88a3].  To  be  elected  by  the  legislature,  when 
and  how. — The  members  of  the  first  state  board  of  elections 
shall  be  elected  prior  to  the  first  Monday  of  April,  1909,  upon 
a  date  to  be  fixed  by  joint  resolution  of  the  general  assembly, 
and  thereafter,  during  each  biennial  session  of  the  general 
assembly,  one  member  of  such  board  shall  be  elected  on  such 
date,  prior  to  the  first  Monday  of  April,  as  may  be  fixed  by 
joint  resolution  of  both  houses  of  the  general  assembly. 
(1907,  ch.  435,  sec.  3;  1909,  ch.  103,  sec.  2.) 

1.  Provision  requiring  day  of  election  of  state  board  of  electiona 
to  be  fixed  by  joint  resolution  is  not  mandatory,  but  directory;  and 
the  governor's  veto   is   Ineffective. — See  Const,,  p.  484,  note  8. 

2.  Governor's  veto  of  a  joint  resolution  fixing  date  of  election  of 
officers  by  tFie  general  assembly  does  not  affect  the  resolution  or  the 
election  under  it. — See  Const,  art.  3,  sec.  18  (p.  372),  and  note  2  (p. 
373). 

3.  Presentment  of  resolution  fixing  date  of  election  by  general 
assembly  to  the  governor,  and  his  veto  thereof,  cannot  affect  the 
resolution  or  the  election  under  it. — See  Const.,  art.  3,  sec.  18  (p. 
372),  and  note  3   (p.  373). 

63.  [ii88a4].  Terms  of  office;  vacancies  to  be  filled, 
how. — The  terms  of  office  of  the  members  of  the  state  board 
of  elections  first  elected  as  hereinbefore  provided  shall  be 
for  two,  four,  and  six  years,  respectively,  from  the  first  day 
of  April,  1909.  The  terms  of  each  member  of  the  first  board 
shall  be  fixed  v^hen  he  is  elected  by  joint  vote  of  the  general 
assembly  as  hereinbefore  provided,  and  thereafter,  the  term 
of  the  member  elected,  at  each  recurring  biennial  session  of 
the  general  assembly  shall  be  for  six  years  from  the  first 
Monday  of  April  succeeding  his  election.  All  members  of 
said  state  board  of  elections  shall  continue  in  office  until 
their  successors  are  elected  and  qualified,  and  all  elections 
of  successors  to  the  first  board,  or  to  fill  vacancies  in  that  or 
any  subsequent  board,  shall  be  bona  fide  members  of  the 
same  party  to  which  the  member  whose  successor  is  to  be 
elected  or  the  member  causing  the  vacancy  belonged.  All 
vacancies  shall  be  filled  as  in  the  first  instance  by  joint  vote 
of  the  general  assembly,  except  vacancies  occurring  when 
the  general  assembly  is  not  in  session,  when  if  the  office  of 
only  one  member  is  vacant  an  appointment  to  fill  such  va- 
cancy shall  be  made  by  the  remaining  members  of  the  board 
within  thirty  days  after  the  vacancy  occurs;  and,  provided, 
further,  that  in  the  event  the  remaining  commissioners  fail 


28  Election  Laws  of  Tennessee. 

to  fill  the  appointment  within  the  time  mentioned,  the  same 
shall  be  filled  by  the  secretary  of  state,  comptroller,  and 
treasurer,  or  a  majority  from  the  same  party  in  which  the 
vacancy  occurred,  to  hold  until  the  convening  of  the  general 
assembly ;  but  if  there  be  more  than  one  vacancy  on  said  board, 
the  same  shall  be  filled  by  appointment  of  the  secretary  of 
state,  comptroller,  and  treasurer,  or  a  majority  of  those 
officers.     (1907,  ch.  435,  sec.  4;  1909,  ch.  103,  sec.  3.) 

1.  Vacancies  in  state  board  of  elections  may  be  filled  by  secre- 
tary of  state,  comptroller,  and  treasurer,  wKen. — Under  this  section, 
the  comptroller,  secretary  of  state,  and  treasurer  are  authorized  to 
fill  two  or  more  vacancies  in  the  state  board  of  elections  during  the 
recess  of  the  legislature,  without  regard  to  the  time  when  the  va- 
cancies occurred,  whether  during  the  recess  or  while  the  legislature 
was  in  session.  Richardson  v.  Young,  14  Gates,  471,  550-565  (headnote 
18).     See  Prescott  v.  Duncan,  18  Gates,  147. 

2.  Question  of  doubt  as  to  power  to  fill  vacancies  would  be  re- 
solved in  favor  of  the  power. — If  the  question  was  one  of  doubt  about 
the  power  of  the  comptroller,  secretary  of  state,  and  treasurer  to  fill 
vacancies  in  the  ofl&ces  of  the  members  of  the  state  board  of  elections, 
occurring  during  a  session  of  the  legislature  and  left  unfilled  by  that 
body,  public  policy  and  the  effective  administration  of  the  law  would 
require  the  doubt  to  be  resolved  in  favor  of  the  power  to  appoint. 
Richardson  v.  Young,  14  Gates,  471,  564  (headnote  19). 

64.  [ii88a5].  Compensation;  oath;  qualification;  organ- 
ization.— The  members  of  said  state  board  of  elections  shall 
receive  as  compensation  three  hundred  dollars  per  annum 
each,  payable  quarterly,  and  the  members  of  the  said  state 
board  of  elections  shall  take  and  subscribe  to  an  oath  before 
any  state  officer  authorized  to  administer  oaths  to  discharge 
faithfully  and  honestly  the  duties  of  their  office,  which  oaths 
so  taken  and  subscribed  shall  be  filed  in  the  office  of  the 
secretary  of  state,  and  it  shall  be  the  duty  of  the  members 
of  said  state  board  of  elections  to  qualify  within  ten  days 
after  their  appointment  and  organiz-e  by  the  selection  of  one 
of  their  number  as  president  and  another  of  their  number 
as  secretary;  and  the  failure  on  the  part  of  any  member  of 
said  state  board  of  elections  to  qualify  as  above  provided 
shall  in  all  cases  vacate  the  appointment  of  such  member. 
(1907,  ch.  435,  sec.  5.) 

65.  [ii88a6].     Erpenses  limited  to  $250  per  annum. — The 

said  state  board  of  elections  shall  be  allowed  the  sum  of  two 
hundred  and  fifty  dollars  per  annum  for  stationery,  postage, 
and  expenses  incidental  to  the  conducting  of  the  business  of 
said  board,  which  shall  be  payable  upon  voucher  or  vouchers 
signed  by  the  secretary  and  countersigned  by  the  president 
of  the  state  board  of  elections.     (1907,  ch.  435,  sec.  6.) 


State  Board  of  Elections.  29 

66.  [Ii88a7].  Meetings  to  be  held  at  the  capitol;  how 
called. — All  meetings  of  said  state  board  of  elections  shall 
be  held  at  the  state  capitol,  in  Nashville,  in  such  room  as  may- 
be provided  for  their  use  by  the  superintendent  of  the  capitol, 
and  no  meeting,  except  for  organization  and  ah  adjourned 
meeting  for  the  appointment  of  commissioners  of  election 
[elections]  shall  be  held,  except  upon  five  days'  v^ritten  notice 
to  each  member  of  said  state  board  of  elections ;  but  meet- 
ings may  be  called  at  any  time  by  the  president  or  by  any  two 
members ;  provided,  a  requisite  notice  as  hereinbefore  re- 
quired shall  be  given.     (1907,  ch.  435,  sec.  7.) 

67.  [ii88a8].  To  appoint  commissioners  of  elections  for 
each  county. — Said  state  board  of  elections  shall  select  and 
appoint  on  the  second  Monday  in  May,  1909,  or  as  soon 
thereafter  as  practicable,  and  on  second  Monday  in  May  every 
two  years  thereafter,  three  commissioners  of  elections  from 
each  county  in  the  state.  (1907,  ch.  435,  sec.  8;  1909,  ch.  103, 
ses.  4.)    See  sec.  "jj, 

68.  [ii88a9].  ^^^  more  than  two  commissioners  of  elec- 
tions to  be  of  the  same  political  party;  quorum. — Not  more 
than  two  of  said  commissioners  [of  elections]  shall  be  of  the 
same  political  party,  and  the  representatives  of  the  majority 
and  minority  parties  shall  be  bona  fi.de  members  of  the  party 
they  are  appointed  to  represent,  and  any  two  members  of 
said  board  shall  constitute  a  quorum  for  the  transaction  of 
business.     (lb.)     See  sec.  76. 

69.  [ii88aio].  Each  member  of  state  board  may  appoint 
one  conimissioner  of  elections  for  each  county. — Each  mem- 
ber of  the  state  board  of  elections  herein  provided  for  shall 
have  the  right  and  the  power  to  designate  and  appoint,  with- 
out the  consent  of  his  associates,  one  of  said  commissioners 
of  elections  for  each  county.     (lb.) 

70.  [ii88aii].  Removal  of  commissioners  of  elections; 
vacancy  to  be  filled  by  meimbers  originally  appointing. — Said 
state  board  of  elections  shall  have  full  power  to  remove  any 
commissioner  of  elections  for  cause  or  failure  to  perform  his 
duties,  and  the  vacancy  thereby  caused  shall  be  filled  by  that 
member  of  the  state  board  of  elections  who  in  the  first  in- 
stance appointed  the  commissioner  so  removed.  (lb.)  See 
sec.  78. 

71.  [ii88ai2].  Minority  party  is  defined. — By  minority 
party  is  meant  the  party  polhng  in  the  State  of  Tennessee  the 


30  Election  Laws  op  Tennessee. 

second  highest  number  of  votes  for  presidential  electors  at 
any  presidential  election  immediately  preceding  the  appoint- 
ment of  officers  under  this  chapter.  (lb.)  See  sees.  6i,  84, 
90,  94. 

Governor's  appointees  under  former  statute  cannot  raise  question 
as  to  constitutionality  of  this  amendatory  statute,  when. — The  gov- 
ernor's appointees  as  members  of  the  state  board  of  elections  under 
Acts  1907,  ch.  435,  cannot,  in  proceedings  to  establish  their  right  to 
the  offices  as  against  the  persons  holding  said  ofllces  under  this  amen- 
datory statute  (Acts  1909,  ch.  103),  demand  or  call  for  a  determina- 
tion of  the  question  as  to  the  constitutionality  of  the  third  and  fourth 
sections  of  such  amendatory  statute,  compiled  in  sections  63  and  67 
to  71,  which  were  assailed  upon  the  ground  that  they  imposed  a  po- 
litical test  as  a  qualification  for  office,  in  violation  of  the  constitu- 
tion (art.  1,  sec.  4)  prohibiting  a  political  test,  other  than  an  oath 
to  support  the  federal  and  state  constitutions,  as  a  qualification  for 
oflSce,  where  the  alleged  unconstitutionality  of  said  sections,  if  con- 
ceded, would  not  render  the  whole  amendatory  act  void,  but  only  the 
said  sections  as  separate  parts  of  the  act;  for  such  contesting  parties 
are  not  interested  in  these  particular  amendments  as  taxpayers,  be- 
cause no  burdens  are  imposed  by  them;  nor  as  citizens,  because  they 
are  not  affected  in  any  way  not  common  to  all  the  citizens  of  the  state. 
Richardson  v.  Young,  14  Gates,  471,  522-524  (headnotes  8  and  9), 
citing  and  approving  Patton  v.  Chattanooga,  24  Pickle,  97,  on  the  last 
point  in  this  note;  Palmer  v.  Express  Co.,  2  Thomp.,  149;  McCamey 
V.  Cummings,  3  Thomp.,  494,  505,  506  (headnotes  4-6);  note  2  under 
sec.  3273al20  of  the  Code. 

72.  [ii88ai3].  Commissioners  of  elections  for  counties 
to  be  commissioned  by  state  board;  records;  their  oaths.— 

Said  state  board  of  elections  shall  issue  commissions  of  ap- 
pointment to  the  various  commissioners  of  election  [elec- 
tions], which  commissions  shall  be  signed  by  the  president 
and  countersigned  by  the  secretary  of  said  state  board  of 
elections,  and  a  record  [shall]  be  kept  by  said  state  board  of 
elections  of  all  commissions  so  isued,  v^ith  the  full  names  of 
said  commissioners  of  election  [elections],  their  postoffice 
addresses,  the  name  [names]  of  the  chairmen  and  secretaries 
of  said  commissioners  on  [in]  each  county,  the  dates  of  their 
appointment,  and  their  political  afifiliation,  and  the  records  of 
all  vacancies ;  and  the  oaths  subscribed  by  said  commissioners 
of  election  [elections]  shall  likewise  be  kept  in  the  records 
of  said  state  board  of  elections.     (1907,  ch.  435,  sec.  9.) 

73.  [ii88ai4].  State  board  to  keep  records  as  to  where 
the  various  election  laws  are  applicable. — Said  state  board  of 
elections  shall  cause  to.  be  compiled  and  kept  among  their 
records  a  complete  list  of  all  counties,  towns,  cities,  and  civil 
districts  within  the  state  which  are  now  or  may  hereafter  be 
under  the  state  laws  pertaining  to  the  registration  of  voters, 


County  Commissioners  op  Election.  31 

and  of  all  counties,  towns,  cities  and  civil  districts  where  the 
uniform  Australian  ballot  is  now  or  may  hereafter  by  law 
be  in  use  in  the  state,  and  also  shall  cause  to  be  compiled  a  Hst 
of  all  counties,  towns,  cities,  and  civil  districts  where  the  three- 
by-seven  ballot  is  now  or  may  hereafter  be  in  use  under  the 
law.     (1907,  ch.  435,  sec.  10.) 

1.  This  section  is  repealed  as  to  records  of  ballot  laws. — By  Acts 
1921,  ch.  117,  the  provision  of  this  section  requiring  records  to  be  kept 
as  to  the  ballot  laws  was  impliedly  suspended,  but  not  as  to  the  regis- 
tration laws. — Ed. 

2.  Acts  1913,  ch.  37,  attempting  to  amend  the  acts  compiled  in 
this  chapter  is  unconstitutional. — Said  amendatory  act  was  held  to 
be  unconstitutional,  because  the  house  journal  showed  the  absence 
of  a  constitutional  quorum,  when  the  house  attempted  to  pass  the  bill 
over  the  veto  of  the  governor,  a  fatal  defect,  which  was  not  cured  by 
the  subsequent  passage  of  said  bill,  in  the  house,  over  said  veto,  when 
a  quorum  was  present,  for  the  reason  that  the  bill  was  not  subsequent- 
ly sent  to  the  senate,  and  there  passed  over  the  said  veto.  The  pas- 
sage of  said  bill,  in  the  senatei,  over  the  said  veto,  after  its  said  first 
and  void  attempted  passage  in  the  house  and  before  its  second  and 
valid  passage  in  the  house,  was  held  to  be  ineffective,  upon  the  ground 
that  the  constitutional  order  in  which  a  vetoed  bill  shall  be  recon- 
sidered and  passed  over  the  governor's  veto  is  mandatory.  Webb 
v.  Carter,  2  Thomp.,  182,  186-248;  Todtenhausen  v.  Knox  Co.,  5 
Thomp.,  689.    See  Const,  p.  273,  note  7;  p.  373,  notes  4-6. 


CHAPTER  8. 

COUNTY  COMMISSIONERS  OF   ELECTIONS. 

74.  [ii88ai5].  Commissioners  of  elections  for  each 
county  to  be  appointed. — For  and  in  each  and  every  county 
in  the  state,  there  shall  be  appointed  by  the  state  board  of 
elections  a  board  of  three  persons,  to  be  known  as  ''Commis- 
sioners of  Elections."     (1907,  ch.  436,  sec.  i.) 

75.  [ii88ai6].  Their  qualifications. — All  the  three  com- 
missioners shall  be  qualified  voters  of  the  county  for  which 
they  are  appointed  and  men  of  approved  character,  and  shall 
have  been  residents  of  the  county  for  which  they  are  ap- 
pointed for  at  least  five  years  before  their  appointment.  (1907, 
ch.  436,  sec.  2.) 

76.  [ii88ai7].  Not  more  than  two  by  same  political 
party;  quorum. — Not  more  than  two  of  the  three  commis- 
sioners constituting  the  board  shall  be  of  the  same  political 
party ;  provided,  however,  that  any  two  of  said  commission- 
ers shall  constitute  a  quorum  for  the  transaction  of  business. 
(1907,  ch.  436,  sec.  3.)     See  sec.  68. 


32  Election  Laws  of  Tennessee. 

77.  [ii88ai8].  Appointment  to  be  made,  when. — ^The 
said  commissioners  of  elections  shall  be  appointed  on  the 
second  Monday  in  May  1907,  or  as  soon  thereafter  as  prac- 
ticable, and  on  the  second  Monday  in  May  every  two  years 
thereafter.     (1907,  ch.  436,  sec.  4.)     See  sec.  67. 

78.  [ii88ai9].  Term  of  office;  vacancies  to  be  filled, 
how. — Said  commissioners  shall  hold  their  office  for  a  term 
of  two  years,  and  until  their  successors  are  appointed,  and 
any  vacancy  shall  be  filled  by  the  state  board  of  elections  by 
appointment.     (1907,  ch.  436,  sec.  5.)     See  sec.  65. 

79.  [ii88a2o].  No  compensation,  except  what  the  county 
court  may  allow. — Said  commissioners  of  elections  shall  serve 
without  compensation :  provided,  however,  that  the  county 
court  of  each  county  shall  have  the  right  to  appropriate  out  of 
the  county  revenue  such  amount,  if  any,  as  it  deems  said  com- 
missioners of  elctions  are  entitled  to.  (1897,  ch.  15;  1907,  ch. 
436,  sec.  6.) 

80.  [ii88a2i].  Oath;  qualification;  organization;  chair- 
man; secretary. — Before  entering  upon  the  duties  of  their 
office,  said  commissioners  of  elections  shall  take  and  subscribe 
to  an  oath  before  any  officer  authorized  to  administer  oaths 
in  the  county  for  which  said  commissioners  are  appointed 
to  discharge  faithfully  and  honestly  the  duties  of  their  office ; 
and  it  shall  be  the  diity  of  said  commissioners  of  elections  to 
qualfy  within  twenty  days  after  their  appointment  and  organ- 
ize by  the  selection  of  one  of  their  number  as  chairman  and 
one  of  their  number  as  secretary.  (1907,  ch.  436,  sec.  7. 
As  to  oath,  see  Code,  sees.  1073- 1081. 

81.  [ii88a22].  Failure  to  qualify  vacates  the  appoint- 
ment; oath  to  be  filed;  report  of  organization. — A  failure  on 
the  part  of  any  commissioner  of  elections  to  qualify  as  above 
provided  shall  in  all  cases  vacate  the  appointment  of  such 
commissioner,  and  the  oath  of  the  commissioner  duly  dated 
shall  be  filed  with  the  secretary  of  the  state  board  of  elections, 
within  twenty  days  after  their  qualification,  together  with  a 
report  of  their  organization,  the  names  of  the  officers,  and 
the  names,  postoffice  addresses,  etc.,  of  [the  commissioners 
of]  elections.     (1907,  ch.  436,  sec.  8.) 

82.  [ii88a23].  To  report  vacancies  to  state  board  of 
elections. — Said  commissioners  of  elections  shall  give  prompt 
notice  to  said  state  board  of  elections  of  all  vacancies.     (lb.) 

83.  [ii88a24].    To  appoint  judges  of  elections  and  pub- 


County  Commissioners  of  Elections  33 

lish  their  names,  when. — It  shall  be  the  duty  of  said  commis- 
sioners of  elections,  within  sixty  (60)  days  prior  to  any  elec- 
iton  held  within  the  county  for  which  they  are  appointed,  and 
at  least  ten  days  prior  to  any  such  election,  to-  appoint  and 
announce  by  publication  in  a  newspaper  of  the  county,  if 
there  shall  be  one,  the  appointment  of  three  judges  for  each 
and  every  voting  place  in  their  county  to  superintend  the  elec- 
tion at  the  precinct  or  voting  place  for  which  said  judges  shall 
be  appointed.  (1907,  ch.  436,  sec.  9;  1909,  ch.  104,  sec.  i.)  See 
sees.  1181  and  1193  of  Code  of  1896. 

84.  [ii88a25].  Not  more  than  two  judges  from  the  same 
political  party. — Not  more  than  two  of  said  judges  shall  be 
of  the  same  political  party,  if  persons  from  different  political 
parties  are  willing  to  serve,  and  they  shall  be  appointed  from 
the  two  political  parties  most  numerously  represented  in  the 
ward,  district,  or  precinct  for  which  said  judges  are  appointed, 
(lb.)  See  sees.  90  and  94.  See,  also,  sec.  1182  of  the  Code 
of  1896. 

85.  [ii88a26].     Each  member  may  appoint  one  judge.— 

Each  member  of  the  board  of  election  commissioners  shall 
have  the  right  and  power  to  designate  and  appoint  one  of  said 
judges,  without  the  consent  of  his  associates  on  said  board. 
(1909,  ch.  104,  sec.  I.) 

86.  [ii88a27].  Appointment  of  watchers  at  each  voting 
place  to  be  made  in  writing,  by  whom. — Two  watchers  repre- 
senting the  majority  party  in  the  state  and  two  watchers 
representing  the  minority  party  shall  be  appointed 
at  each  and  every  precinct  or  voting  place^  and  one  of  the 
watchers  reresenting  the  majority  party  shall  be  appointed 
only  by  the  chairman  of  the  county  executive  committee  of 
the  majority  party  in  the  state  and  the  other  by  a  majority 
of  the  candidates  of  the  majority  party  running  exclusively 
within  the  county  in  which  the  watches  [watchers]  are  to  be 
appointed,  and  the  watches  [watchers]  representing  the  mi- 
nority party  shall  be  in  like  manner  appointed,  one  by  the 
chairman  of  the  county  executive  committee  of  the  minority 
party  in  the  state  and  the  other  by  a  majority  of  the  can- 
didates of  the  minority  party  running  exclusively  within  the 
county  in  which  the  watcher  is  to  be  appointed;  and  in  case 
such  candidates  of  either  party  fail  to  appoint  the  watchers  as 
herein  provided,  two  whole  days  prior  to  the  election,  the 
chairman  of  the  county  executive  committee  representing 
the  party  whose  candidates  failed  to  appoint  such  watcher 


i4:  Election  Laws  of  Tennessee 

shall  appoint  both  watchers  representing  his  party,  and  the 
appointment  of  said  watchers  shall  be  made  in  writing  and 
signed  by  the  parties  herein  authorized  to  make  the  appoint- 
ment and  presented  to  the  judges  holding  the  election,  and 
said  watchers  shall  have  full  access  to  the  polHng  places 
during  the  time  the  votes  are  being  polled  and  during  the 
time  the  votes  are  being  counted,  and  the  right  to  inspect  all 
ballots  while  being  called  and  counted  and  all  tally  sheets 
and  poll  lists  during  preparation  and  certification  thereof ; 
but  thej  shall  not  in  any  way  interfere  with  any  voter  in  the 
preparation  or  casting  of  his  ballot,  or  the  judges,  officers,  or 
clerks  in  the  performance  of  their  respective  duties  in  holding 
the  elections.     (lb.) 

87.  £ii88a28].  To  appoint  clerks  of  elections  and  pub- 
lish their  names,  when. — Said  commissioners  of  elections  shall 
also,  within  sixty  days,  and  at  least  ten  days  prior  to  any 
election  within  the  county  for  which  they  are  appointed,  ap- 
point and  announce  by  publication  in  a  newspaper  of  the 
county,  if  there  be  one,  the  appointment  of  two  clerks  of 
elections  for  each  and  every  voting  place  in  their  county. 
(1907,  ch.  436,  sec.  10;  1909,  ch.  104,  sec.  2.) 

88.  £ii88a29].  Oerks  of  elections  to  be  appointed  from 
the  two  political  parties,  when. — If  competent  persons  of  dif- 
ferent political  parties  are  willing  to  serve,  they  shall  be  ap- 
pointed from  the  two  political  parties  most  numerously  repre- 
sented at  such  precinct  or  voting  place.     (lb.) 

89.  {ii88a3o].  One  clerk  to  be  appointed  by  majority 
members,  and  one  by  the  minority  member. — One  of  said 
cierks  shall  be  appointed  by  the  members  of  the  commission- 
eis  of  elections  representing  the  majority  party,  and  the 
other  clerk  shall  be  appointed  by  the  member  of  the  com- 
missioners of  elections  representing  the  minority  party  in  the 
state.     (1909,  ch.  104,  sec.  2.) 

dO.  [ii88a3i].  Minority  party  is  defined. — By  minority 
party  is  meant  the  party  polling  in  the  State  of  Tennessee  the 
second  highest  number  of  votes  for  presidential  electors  at 
any  presidential  election  immediately  preceding  the  appoint- 
ment of  officers  under  this  chapter.  (lb.)  See  sees.  71,  84, 
and  94. 

91.  [«i88a32].  Commissioners  of  elections  must  act 
jointly  as  a  board  in  appointing  judges  and  clerks  in  certain 
cpunties,  and  watchers  to  be  appointed  by  judges. — The  pro- 


County  Commissioners  of  Elections  35 

visions  of  sections  80  and  84  that  the  minority  member  oi 
said  commissioners  of  elections,  without  the  consent  of  his 
associates,  shall  have  the  right  to  appoint  the  minority  judge 
and  clerk  for  each  precinct  or  voting  place  in  the  county  for 
which  the  minority  member  is  appointed,  shall  not  apply  to 
any  counties  in  the  state  having  a  population  of  not  less  than 
24,950  and  of  not  more  than  27,075,  and  of  not  less  than  29,500 
and  of  not  more  than  30,595,  by  the  federal  census  of  1900  or 
by  any  subsequent  federal  census ;  but  in  such  case  the  board 
shall  act  jointly;  and  in  counties  of  the  population  aforesaid, 
the  watchers  provided  for  in  this  chapter  shall  be  appointed 
by  the  judges  of  election  or  a  majority  thereof.     (lb.) 

Counties  included  In  the  exception  provisions  of  this  section.— 
Under  the  federal  censuses  of  1900,  1910,  and  1920,  and  under  the 
case  of  Hall  v.  State,  16  Gates,  235,  238,  239,  241-246  (headnotes  6 
and  8),  the  counties  Included -within  the  exception  provisions  of  this 
section  are  as  follows:  Dyer,  Fayette;  Haywood,  Henry;  Lincoln, 
McMinn,  Robertson;   Sumner;   Tipton,  Williamson;  and  Wilson. — Ed. 

92.  [ii88a33].  To  appoint  an  officer  of  election  for  each 
voting  place,  and  announce  his  name,  when. — The  said  com- 
missioners of  elections,  within  sixty  days  and  at  least  ten 
days  prior  to  any  election  within  the  county  for  which  they 
are  appointed,  shall  appoint  and  announce  the  appointment  of 
an  officer  of  election  for  each  voting  place  in  such  county. 
(1907,  ch.  436,  sec.  II.) 

93.  [ii88a34[.  Notices  of  elections,  with  names  of  offi- 
cers, judges,  and  clerks,  to  be  published  in  newspaper. — It 

shall  be  the  duty  of  the  said  commissioners  of  elections  to 
publish  notices  of  all  elections,  together  with  the  names  of 
all  the  officers,  judges,  and  clerks  appointed  to  hold  the  same, 
in  some  newspaper  (if  there  be  any  printed  in  the  county), 
not  less  than  ten  days  preceding  such  elections  and  for  not 
less  than  two  issues  of  each  paper,  the  fees  for  such  publication 
to  be  paid  out  of  the  county  treasury  as  other  expenses  of  the 
county  and  at  the  rate  provided  by  law  for  legal  publications. 
(1909,  ch.  273.) 

As  to  rate  provided  by  law  for  legal  publications,  see  Code, 
sees.  3843,  6425,  and  notes. 

94.  [ii88a35[.  Two  parties  to  be  represented  in  judges 
and  clerks. — The  commissioners  of  elections  in  appointing 
judges  and  clerks  in  all  elections  shall  give  bona  fide  repre- 
sentation to  each  of  the  two  parties  most  numerously  repre- 
sented in  the  ward,  district,  or  precinct  for  which  they  are 
appointed.     (1907,  ch.  436,  sec.  12.)     See  sec.  84. 


36  Election  Laws  of  Tennessee 

95.  [ii88a36].  Judges,  clerks,  and  officers  shall  be  resi- 
dent citizens  of  the  ward,  district,  or  precinct. — The  judges, 
clerks,  and  officers  of  election  shall  be  residents  and  citizens 
of  the  ward  or  district  or  precinct  in  which  the  voting  place 
for  which  they  are  appointed  is  situated.  (1907,  ch.  436,  sec. 
13.)     See  sec.  36,  subsec.  2;  sec.  91. 

96.  [ii88a37].  Vacancies  caused  by  absence  of  judges, 
cleiks,  or  officer  to  be  filled,  how  and  by  whom. — Whenever 
for  any  reason  any  judge  or  clerk  or  officer  of  election  so 
appointed  fails  to  attend  promptly,  and,  by  reason  of  his 
absence  at  the  hour  of  holding  the  election,  other  persons  shall 
be  selected  to  fill  such  vacancies  by  a  majority  of  the  election 
officers  duly  appointed  and  attending,  and  the  election  officers 
so  elected  to  fill  vacancies  shall  be  residents  and  citizens  of 
the  ward,  district,  or  precinct  for  which  they  are  appointed, 
and  shall  act  only  until  the  regularly  appointed  judge  or  clerk 
or  officer  of  election  in  whose  stead  he  was  appointed  appears 
and  demandsi  that  he  be  permitted  to  serve,  and  the  person 
so  elected  to  fill  the  vacancy  shall  cease  to  act ;  but  any  such 
person  so  elected  to  fill  a  vacancy  shall  be  of  the  same 
political  party  as  the  person  in  whose  stead  he  is  selected  to 
serve.     (1907,  ch.  436,  sec.  14.)     See  sees.  49  and  95. 

Election  officers  are  compelled  to  serve  in  Hamilton  county. — By 
Acts  1911  (Private),  ch.  403,  all  citizens  of  Hamilton  county  who  may 
be  appointed  as  officers,  judges,  clerks,  registrars,  or  assistant  regis- 
trars, to  hold  or  assist  in  holding  elections  in  said  county,  are  com- 
pelled to  serve  as  such,  and  compensation  is  provided  for  their  serv- 
ices.— Ed. 

97.  [ii88a38].  Officer  to  deliver  returns  and  ballots  to 
commissioners,  when. — It  shall  be  the  duty  of  the  officer  hold- 
ing the  election  to  deliver  the  polls  or  returns  of  the  election 
sealed  as  received,  together  with  the  ballots  cast  in  said  elec- 
tion, to  the  said  commissioners  of  elections  not  later  than  12 
o'clock  noon  on  the  first  Monday  after  the  election.  (1907, 
ch.  436,  sec.  15.)     See  sec.  203.  , 

1.  Question  whether  the  commissioners  and  quarterly  county 
court  could  go  behind  the  returns,  and  count  the  ballots,  was  re- 
served.— This  requirement  as  to  the  delivery  of  the  ballots  is  a  new 
one,  on  which  the  commissioners  of  elections  and  the  quarterly  county 
court  hased  their  right  to  go  behind  the  poll  lists  and  returns  and  to 
examine  the  ballots;  but  the  supreme  court  refused  to  consider  the 
question  whether  they  acted  correctly  in  so  doing,  upon  the  ground 
that  the  circuit  judge  held  that  he  also  had  the  right  to  make  an  in- 
dependent investigation  and  to  examine  the  ballots,  and  accordingly 
made  such  investigation  and  rendered  judgment;  and,  for  that  reason, 
the  supreme  court  was  required  only  to  reexamine  the  judgment  of 
the  circuit  judge,  and  not  that  of  the  commissoiners  of  elections  and 


County  Commissioners  op  Elections  37 

the   quartely  county  court.     Catiett  v.  Railroad,  12  Gates,  699,   708, 
709  (headnote  3).     But  see  note  1  under  sec.  98. 

2.  Preservation  of  ballots  was  not  previously  required. — This  re- 
quirement as  to  the  delivery  of  the  ballots  is  a  new  one.  Catiett  v. 
Railroad,  12  Gates  708  709. 

By  this  section,  the  ballots  were,  for  the  first  time,  required  to  be 
preserved  and  placed  in  the  hands  of  the  commissioners  of  elections. 
Taylor  v.  Garr,  17  Gates,  254;  255,  256. 

3.  Ballots  must  be  delivered  sealed  up,  and  preserved  for  a  con- 
tested electon. — Under  this  section,  the  ballots  must  be  delivered  to 
the  commissioners  of  elections,  sealed  up;  and  it  necessarily  results 
that  they  must  be  kept  by  these  officers  in  that  form  until  needed  upon 
a  contest  of  election;  and  then,  in  case  of  contested  election,  they 
should  be  opened  only  in  some  form  fair  to  both  sides,  after  due  no- 
tice, and  after  the  adoption  of  proper  precautions  to  prevent  spolia- 
tion or  mutilation.  Taylor  v.  Garr,  17  Gates,  253,  254,  257;  Stokely  v. 
Burke,  3  Thomp.,  226,  227. 

4.  Ballots  must  be  sealed  when  delivered  to  election  officer. — The 
statute  requires  the  ballots  to  be  sealed,  when  placed  in  the  hands  of 
the  election  officer  at  the  close  of  the  polls,  and  they  should  be  so 
delivered  by  him  to  the  commissioners  of  elections.  Stokely  v.  Burke, 
3  Thomp.,  226,  227  (no  headnote  on  this  subject). 

98.  [  I  i88a39] .  Commissioners  to  file  and  canvass  returns, 
and  deliver  certificates  of  election,  when. — On  the  first  Mon- 
day after  the  election,  it  shall  be  the  duty  of  the  commissioners 
of  elections  to  file  the  said  polls  and  returns  at  the  courthouse, 
and  to  certify  in  writing,  signed  by  at  least  two  of  them,  the 
result  as  shown  by  said  polls  or  returns,  and  to  deHver  to 
each  peron  elected  a  certificate  of  his  election.  (1907,  ch.  436, 
sec.  16.)     See  sees.  203,  211,  214,  216 — 218. 

1.  Commissioners  of  elections  cannot  go  behind  the  returns 
and  recount  the  ballots,  but  must  preserve  the  ballots  under  seal 
for  use  in  a  contest. — Under  section  97  requiring  the  officer  holding 
the  election  to  deliver  the  polls  or  returns  of  the  election,  sealed  as 
received,  together  with  the  ballots  cast,  to  the  commissioners  of  elec- 
tions, and  under  section  98  requiring  the  commissioners  of  elections, 
on  the  first  Monday  after  the  election,  to  file  said  polls  and  returns 
at  the  courthouse,  and  to  certify  in  writing  the  results  shown  there- 
by, and  to  deliver  to  each  person  elected  a  certificate  of  election,  and 
under  sections  99  and  100  requiring  the  preservation  of  the  poll  lists 
and  tally  sheets,  the  duties  of  the  commisioners  of  elections  are  only 
ministerial,  and  not  judicial,  and  they  cannot  go  behind  the  returns 
and  examine  and  recount  the  ballots,  but  they  must  preserve  the  bal- 
lots, under  seal  as  delivered  to  them,  for  the  use  of  the  parties  in  the 
case  of  a  contest.  Taylor  v.  Carr,  17  Gates,  235,  253-257  (headnote 
16).     See  note  1  under  sec.  97;  notes  under  sec.  213. 

2.  Petition  alleging  petitioner's  election  by  a  majority  vote, 
wrongfully  revised  by  commissioners  of  elections,  so  as  to  give  con- 
testee  a  majority,  is  not  subject  to  demurrer. — Where  the  petition  in 
a  contested  election  case,  over  the  office  of  mayor,  alleges  that  the 
returns  made  up  by  the  election  officers,  under  the  Dortch  law  (sec- 


38  Election  Laws  of  Tennessee 

tions  155  to  183),  then  and  there  in  force,  gave  to  the  petitioner  a 
majority  of  the  votes;  that  he  received  190  votes  and  the  contestee 
185  votes;  but  that,  when  these  returns  were  sent  to  the  commis- 
sioners of  elections,  they  assumed  to  go  behind  the  poll  lists  and 
tally  sheets,  and  to  examine  the  original  ballots,  and  to  throw  out 
votes;  and  that,  by  such  action,  the  result  was  so  changed  as  to  give 
the  contestee  a  majority,  to  whom  a  certificate  was  thereupon  issued, 
a  demurrer  to  such  petition,  upon  the  alleged  ground  that  it  shows;  no 
case,  in  that  it  admits  that  the  contestee  received  a  majority  of  the 
votes  cast  under  the  Dortch  law,  is  bad,  because  the  petition  does  not 
admit  what  the  demurrer  assumes  that  it  admits.  Taylor  v.  Carr,  17 
Gates,  235,  246-248  (headnote  8). 

3.  Amendment  of  answer  involving  the  right  of  commissioners  of 
elections  to  go  behind  the  returns  is  without  merit. — The  commis- 
sioners of  elections  have  no  power  to  go  behind  the  returns;  and  a 
proposed  amendment  to  the  defendant's  answer,  based  upon  the 
theory  that  they  had  such  power,  is  without  merit  Taylor  v.  Carr, 
17  Gates,   235,  253    (headnote  14). 

4.  Amendment  of  answer  inviting  court  to  recount  ballots,  with- 
out allegation  of  the  object  of  the  recounting,  is  insufficient,  and  is 
properly  refused. — Where  the  proposed  amendment  to  the  answer  in 
a  contested  election  case,  in  effect,  invited  the  circuit  court  to  make 
a  recount  of  the  ballots  generally,  without  any  allegation  as  to  the 
particular  matters  to  be  determined  by  such  recounting,  other  than 
the  general  result  of  the  election,  such  proposed  amendment  was  in- 
sufficient to  enable  the  court  to  exercise  that  power,  and  was  properly 
refused  by  the  trial  judge.  Taylor  v.  Garr,  17  Gates,  235,  253  (head- 
note  15). 

5.  Ballots  must  be  sealed,  or  their  preservation  shown  with  great 
clearness,  to  authorize  the  recounting  thereof. — Where  it  appears 
that  the  ballots  were  not  sealed,  as  required  by  section  97,  before 
being  delivered  to  the  commissioners  of  elections,  they  cannot,  for  that 
reason,  be  examined,  unless  it  should  be  made  to  appear  with  great 
clearness  that  they  had  been  so  kept  as  not  to  be  the  subject  of  in- 
terference or  change;  and  it  does  not  appear  from  the  evidence  that 
the  ballots  had  been  so  kept,  where  the  commissioners  of  elections 
testify  that  while  in  their  possession  they  were  not  altered,  but  that 
they  were  placed  in  the  safe  of  the  county  judge,  not  sealed  up,  and 
subject,  of  course,  to  interference  by  any  one  wlio  might  have  access, 
through  said  county  judge,  to  that  safe,  and  the  testimony  of  the 
county  judge  was  not  taken;  and  where  likewise  it  is  not  clear  what 
care  was  exercised  over  the  ballots  after  the  election,  and  before  they 
were  handed  to  the  commissioners  of  elections.  Taylor  v.  Garr,  17 
Gates,  253,  254  (no  headnote  on  this  subject);  Stokely  v.  Burke,  3 
Thomp.,  225,  226. 

6.  Ballots  preserved  as  required  by  statute  prevail  over  returns, 
but  not,  if  not  so  preserved,  and  opportunity  to  tamper  with  them 
existed. — Where  the  ballots  cast  at  an  election  have  been  preserved 
in  strict  accordance  with  the  statutory  requirements,  which  preserva- 
tion has  prevented  tampering  with  them,  and  they  are  offered  in  evi- 
dence in  a  contested  election  case  where  the  issue  to  be  tried  depends 
upon  the  number  of  ballots  cast  for  each  candidate,  such  ballots,  when 
so  preserved,  are  primary  and  controlling  matter  of  evidence,  suffi- 
cient in  law  to  overthrow  the  prima  facie  case  made  by  the  returns, 


County  Commissioners  of  Elbctioiw  3^ 


where  the  showing  made  by  the  ballots  conflicts  with  thai  mutie  hj 
the  returns ;  and  the  same  result  is  sanctioned  where  the  ballots  IkstVQ 
been  preserved,  not  in  strict  accord  with  statutory  authority,  bnt  ap 
preserved  that  they  have  not  been  tampered  with  by  unauthorized 
persons;  but  where  the  ballots  have  not  been  properly  preseryeil.  in 
accordance  with  the  statutory  precautions  or  otherwise,  and  unau- 
thorized persons  have  had  reasonable  opportunity  to  tamp»er  vith 
the  ballots,  their  competency,  as  evidence  to  contradict  the  prima 
facie  case  made  out  by  the  returns,  is  destroyed.  Stokely  t.  Burke, 
3  Thomp.,  219,  223-226. 

7.  Ballots  tampered  with  are  inadmissible  to  contradict  the  re-i 
turns. — The  ballots  are  tampered  with,  and  are  inadmissible  to  cent- 
tradict  the  returns  of  the  election,  where  they  were  not  preserved  as 
required  by  law,  and  were  three  times  counted  at  the  courthouse  on 
Monday  following  the  election  by  persons  without  right  under  the  lav 
so  to  deal  with  them,  and  there  appeared  to  be  ample  opi)ortunity 
afforded  for  the  destruction  or  substitution  of  the  ballots.  The  com- 
missioners of  elections,  even,  have  no  legal  right  to  count  the  bat- 
lots,  which  are  in  their  hands  for  safe-keeping,  and  not  for  counting. 
Stokely  v.  Burke,  3  Thomp.,  219,  226,  227. 

8.  Preservation  of  ballots  to  prevent  fraud  and  loss  thereof. — The 
statutory  precautions  for  the  preservation  of  the  ballots  are  designed 
to  prevent  frauds  after  the  election,  and  also  the  accidental  loss  or 
misplacement  of  the  identical  ballots  cast.  Stokely  ▼.  Burke,  3 
Thomp.,  227  (no  headnote  on  this  subject). 

99.  [ii88a4o].  Poll  lists  to  be  sent  to  secretary  of  state, 
copy  to  be  filed  with  county  court  clerk. — ^The  said  commis- 
sioners of  elections  shall  cause  a  true  copy  of  all  the  poll 
books  or  poll  lists  used  at  or  in  any  election  to  be  made  out, 
and,  when  completed,  they  shall  file  the  same  with  the  clerk 
of  the  county  court,  to  be  preservel  by  him  as  records  for  a 
period  of  four  years,  and  the  original  poll  books  or  poll  lists 
used  at  or  in  any  election  shall  be  safely  and  securely  kept  by 
the  commissioners  of  elections,  and  without  alteration  shall 
be  sealed  and  forwarded  to  the  secretary  of  state,  at  Nash- 
ville, Tennessee,  within  ten  days  after  the  election.  (1907,  ch. 
436,  sec.  16.) 

100.  [ii88a4i].  Copyist  of  poll  lists  for  county  coart 
clerk  to  be  employed  and  paid,  how. — Said  commissioners  ol 
elections  shall  employ  a  clerk  or  copyist  to  make  out  the  copy 
of  said  poll  books  or  poll  lists  for  the  county  court  clerk,  and 
said  clerk  or  copyist  shall  receive  as  compensation  twenty 
cents  for  every  hundred  names  on  the  poll  list,  which  shall 
be  paid  as  part  of  the  expenses  of  the  election  as  judges  and 
clerks  of  elections  are  now  paid.  (1907,  ch.  436,  sec.  18.)  See 
sees.  53  and  54. 

101.  [ii88a42].  Commissioners  of  elections  to  perform 
duties  of  commissioners  of  registration. — In  all  and  every  el 


40  Election  Laws  of  Tennessee 

the  counties  of  the  state  within  the  provisions  of  the  registra- 
tion laws  of  the  state,  the  commissioners  of  elections  shall 
perform  the  duties  of  commissioners  of  registration.     (1907, 
>ch.  436,  sec.  19.)    See  sees.  102-131. 
See  sees.  102-131. 

1.  Acts  1897,  ch.  13,  was  impliedly  repealed  by  Acts  1907,  ch. 
•436,  compiled  in  this  chapter. — Said  former  act,  providing  for  commiS' 
sioners  of  election  in  counties  under  50,000  inhabitants,  was  impliedly 
repealed  or  superseded  by  the  statute  compiled  in  this  chapter,  which 

:is  applicable  in  every  county  of  the  sttae. — Ed. 

2.  Election  as  to  question  of  the  issuance  of  municipal  bonds 
must  be  held  by  commissioners  of  elections,  and  not  by  sheriff. — Un' 

'der  Acts  1897,  ch.  13,  providing  for  the  appointment  of  commissioners 
•of  elections  for  every  county  having  a  prescribed  census  population, 
and  requiring  the  commissioners,  prior  to  every  election,  to  appoint 
judges  and  clerks,  and  empowering  the  commissioners  to  appoint 
officers  at  each  voting  place,  and  divesting  the  county  courts,  mayors, 
boards  of  mayor  and  aldermen,  and  sheriffs  in  said  counties  of  the 
power  to  appoint  officers  of  election,  there  were  embraced  all  kinds 
of  elections,  municipal  as  well  as  state  and  county,  in  the  counties 
of  the  prescribed  population,  and  an  election  held  in  an  incorporated 
town,  to  determine  the  question  of  the  issuance  of  bonds  by  it,  must 
be  held  by  the  commissioners  of  elections,  and  not  by  the  sheriff. 
Wteil  V.  Newburn,  18  Cates,  223,  233,  234,  247—250-  (headnote  5). 

This  decision  was  rendered  upon  sections  1,  2,  and  5  of  said  act 
of  1897;  but  the  same  rule  would  exist  under  the  statute  compiled 
in  this  chapter,  by  construction  of  sections  83,  87,  92-98. — Ed. 

3.  Elections  were  properly  held  under  Acts  1897,  ch.  13,  before 
Acts  1907,  ch.  436,  became  operative  by  appointment  of  commissioners 
thereunder.' — The  statute  compiled  in  this  chapter,  creating  commis- 
sioners of  elections  in  every  county,  and  becoming  operative  only 
after  the  appointment  of  the  commissioners  thereunder,  does  not 
affect  an  election  held  prior  to  that  time,  and  such  prior  election  is 
properly  held  and  conducted  in  the  manner  prescribed  by  said  Acts 
1897,  ch.  13.    Weil  v.  Newburn,  18  Cates,  223,  247,  250  (headnote  6). 

4.  Statutory  city  charter  empowering  sheriff  to  hold  elections  for 
certain  officers  does  not  authorize  him  to  hold  election  as  to  bond 
Issue,  when. — The  statutory  charter  of  a  town  (Acts  1901,  ch. 
450),  purporting  (in  section  6)  to  confer  upon  the  sheriff  the  power 
of  conducting  elections  for  mayor,  alderman,  recorder,  and  marshal 
of  the  town,  does  not  control  an  election  in  the  town  to  determine 
the  question  of  the  issuance  of  bonds;  but  such  election  is  properly 
conducted  in  the  manner  prescribed  by  Acts  1897,  ch.  13,  as  shown 
in  notes  2  and  3  above.  Weil  v.  Newbern,  18  Cates,  223,  250  (head- 
note  7). 

The  amendment  of  a  municipal  charter,  by  extending  the  cor- 
porate limits,  does  not  affect  the  manner  of  holding  elections  therein, 
when.    Well  v.  Newburn,  18  Cates,  223,  2510  (headnote  8). 

5.  Purchasers  of  bonds  issued  under  election  held  by  sheriff 
Instead  of  commissioners  of  elections  are  chargeable  with  notice  of 
voidness  of  election  recited  to  be  valid,  when. — The  purchasers  of 
bonds  signed  by  those  appointed  for  that  purpose  by  a  body  empow- 
ered to  issue  them  itself  are  chargeable  with  notice  of  the  voidness 


Eegistration  of  Voters  41 

of  the  election,  under  which  they  were  issued,  though  it  was  recited 
to  be  valid,  where  the  election  was  void,  because  conducted  by  the 
sheriff  instead  of  the  commissioners  of  elections  of  the  county,  as 
provided  for  by  said  former  Acts  1897,  ch.  13,  and  such  town  could, 
as  against  the  purchasers  and  holders  of  such  bonds,  though  other- 
wise bona  fide,  contest  the  validity  of  the  bonds,  and  the  town  was 
not  estopped  so  to  do  by  reason  of  the  recital  of  compliance  with 
all  essential  preliminaries;  for  there  can  be  no  innocent  purchaser 
or  holder  of  such  bonds.  Weil  v.  Newbern,  18  Gates,  223,  241 — 244. 
251-266    (headnote  11). 


CHAPTER  9. 

REGISTRATION    OP    VOTERS. 

102.  [1189].  Applies  to  counties  of  50,000  or  more  inhab- 
itants, and  to  towns  and  districts  of  2,500  or  more. — In  all 

civil  districts,  wards,  and  voting  precincts  in  counties  which 
have  a  population  of  50,000  or  over  that  number,  computed  by 
the  federal  census  of  1890,  or  which  may  hereafter  have  that 
number  or  over,  computed  by  any  subsequent  federal  census, 
and  in  all  cities,  towns,  and  civil  districts  having  a  population 
of  2,500  inhabitants  or  over  that  number,  computed  by  the  fed- 
eral census  of  1890,  or  may  hereafter  have  that  number  or 
over,  computed  by  any  subsequent  federal  census ;  each  and 
every  voter,  in  addition  to  the  other  regulations  required  by 
law,  shall  be  registered  as  a  voter  as  hereinafter  provided,  be- 
fore he  or  she  shall  be  allowed  to  exercise  the  elective  fran- 
chise in  any  election  held  in  any  civil  district,  ward,  or  voting 
precinct  in  said  counties  having  a  population  as  herein  provid- 
ed; provided,  that  the  last  published  census  shall  control  in 
every  case.  (1890,  ist  ex.  ses.,  ch.  25,  sec.  i;  1891,  ch.  223; 
1891,  ch.  224,  sec.  i;  1891,  ex.  ses.,  12;  1919,  ch.  139,  sees. 
I  and  2;  19th  am.  to  U.  S.  const.) 

See  notes  under  sees.  156  and  183. 

Applicable  in  what  counties  and  towns. — As  to  what  counties, 
the  general  registration  laws  are  applicable,  under  each  federal 
census,  see  Const,  pp.  537-541.  notes  40,  41.  As  to  what  towns  said 
laws  are  so  applicable,  see  Const.,  pp.  541-543,  notes  42,  43. 

It  must  be  observed  that  the  last  clause  in  this  section  provides 
"that  the  last  published  census  shall  control  in  every  case,"  mean- 
ing the  last  federal  census.  This  is  a  clear  expression  of  legisla- 
tive intent  that  the  rule  announced  in  the  case  of  Hall  v.  State,  16 
Gates,  235,  238,  239,  241-246  (headnotes  6  and  8)  that  a  law  becoming 
applicable  once  in  a  county  under  a  population  classification,  shall 
always  remain  applicable  therein,  notwithstanding  population  changes, 
shall  not  obtain  or  prevail  under  the  registration  laws.  So,  it  fol- 
lows that  the  application  of  the  registration  laws  depends  upon  the 
population,  as  shown  by  the  last  published  federal  census,  regard- 


42  Election  Laws  op  Tennessee 

less  of  what  may  have  been  the  application  under  previous  federal 
censuses. — Ed. 

2.  Extension  of  registration  and  ballot  laws  to  certain  other 
counties. — By  Acts  1903,  ch.  536,  the  registration  laws  (sections 
102-131)  and  the  ballot  laws  (sections  155-183)  are  extended  to  all 
counties  having  a  population  of  18000  and  less  than  18500,  by  the 
federal  census  of  1900  or  by  any  subsequent  federal  census.  Under 
the  federal  censuses  of  1900  and  1910,  and  under  Hall  v.  State,  16 
Gates,  235,  238,  239,  243-246  (headnotes  6  and  8),  said  act  was  and 
is   applicable   to  Henderson   county   alone. 

By  Acts  1905,  ch.  400,  registration  is  dispensed  with  in  said  coun- 
ties, but  the  registrars  are  required  to  perform  certain  duties  at 
the  election. 

By  Acts  1911  (Private),  ch.  124,  the  Dortch  ballot  law  is  wholly 
extended  and  the  registration  law  is  partially  extended,  to  counties 
of  not  less  than  19399  nor  over  19425  inhabitants,  by  the  federal 
census  of  1910,  or  any  subsequent  federal  census,  which  act,  under 
the  federal  census  of  1910|,  would  apply  alone  to  the  county  of  Cocke, 
This  act  was  amended  by  Acts  1915  (Private),  ch.  427,  as  to  the 
marking  of  ballots. 

By  Acts  1901,  ch.  147,  said  registration  and  ballot  laws  were  ex- 
tended to  the  wards  and  civil  districts  including  towns  of  750  inhab- 
itants or  more  in  counties  of  15000  inhabitants  or  more,  under  the 
federal  census  of  1900  or  any  subsequent  federal  census. 

3  This  latter  statute  (Acts  1901,  ch.  147)  is  considered  to  be  un- 
constitutional.— By  its  caption,  its  provisions  are  limited  to  wards 
and  civil  districts  including  certain  county  towns  and  incorporated 
towns,  while,  by  the  body  of  the  statute,  its  provisions  are  not  con- 
fined to  said  subject,  but  are  extended  to  wards  and  civil  districts 
including  any  town,  whether  incorporated  or  not,  where  the  county 
and   town  have   the  required  population. 

A  county  town  is  a  county  seat,  the  capital  town  of  a  county, 
where  the  county  business  is  transacted.  This  statute  was  intended, 
as  shown  by  its  caption  and  body,  to  apply  to  county  towns,  regard- 
less of  whether  they  were  incorporated  or  not,  because  they  were 
not  required  to  be  incorporated. 

But  as  to  all  other  towns  falling  within  the  provisions  of  the 
law  by  reason  of  population  the  provisions  of  the  statute  are  expressly 
confined,  in  its  caption,  to  incorporated  towns,  while  in  its  body,  its 
provisions  are  extended  to  such  towns,  whether  incorporated  or  not. 

So,  on  this  specific  point,  the  caption  limits  the  subject  of  leg- 
islation to  incorporated  towns,  while  the  body  of  the  statute  under- 
takes to  extend  the  subject  of  legislation  to  all  towns,  whether  in- 
corporated or  not,  if  the  required  population  exists.  So,  it  clearly 
appears  that  the  subject  of  legislation  attempted  to  be  enacted  is 
not  expressed  in  the  caption,  that  the  body  of  the  act  attempts  to 
go  beyond  the  limitations  and  restrictions  of  the  caption;  and  it, 
therefore,  follows  that  the  act  is  unconstitutional,  and  void.  See 
Const.,  art  2,  sec.  17  (p.  217);  p.  221,  note  16;  p.  227,  note  31;  p. 
230,  note  41;  pp.  223,  234,  notes  ;53^56;  pp.  241-243,  note  58. 

What  may  be  another  objectionable  feature  to  said  statute  is  the 
unusual  provision  that  the  population,  when  not  shown  by  the  fed' 
eral  census,  "shall  be  ascertained  as  of  the  date  of  the  federal  census 
by  the  election  commissioners  by  the  best  means  available,  and  the 


Registration  op  Voters  43 

fact  declared  by  them."  No  proceedure  before  the  commissioners 
to  ascertain  the  population  is  prescribed;  but  it  seems  to  be  left 
to  the  arbitrary  determination  of  the  commissioners,  without  any 
right  of  appeal  to  the  courts.  This  may  be  another  fatal  objection 
to  said  act. 

In  Davis  v.  Rogersville,  23  Pickle,  588,  it  was  decided  that,  where 
this  law  applied,  a  special  election  held  after  its  enactment  and  be- 
fore the  time  of  general  registration  provided  by  law,  in  pursuance 
of  another  legislative  enactment,  was  properly  held  under  the  old 
law.  The  special  election  authorized  by  the  legislature  was  required 
to  be  held  before  the  time  of  the  general  registration  and  the  statute 
(Acts  1901,  chapter  341)  authorizing  this  special  election  was  en- 
acted at  the  same  session,  and  subsequent  to  this  act.  The  consti- 
tutionality of  this  statute  (Acts  1901,  ch.  147)  was  not  mentioned  In 
this  decision,  and  it  is  presumed  that  its  constitutionality  was  not 
questioned  or  raised.  But  if  the  constitutionality  of  the  statute 
had  been  raised,  the  supreme  court  would  not  have  passed  upon 
the  question.  The  statute  was  held  not  to  apply  to  the  election, 
and,  therefore,  the  question  of  its  constitutionality  became  imma- 
terial in  that  case. 

The  constitutionality  of  statutes  will  not  be  passed  upon  by  the 
courts  unless  it  become  absolutely  indispensable  to  the  administra- 
tion of  justice;  and  though  the  constitutional  question  is  legitimately 
presented  by  the  record,  yet  if  the  judgment  of  the  court  may  sat- 
isfactorily repose  upon  any  other  question  which  may  determine  the 
case,  the  constitutional  question  will  not  be  decided,  and  will  only 
be  adjudged  when  it  is  presented  in  a  case  which  cannot  otherwise 
be  disposed  of,  and  in  which  a  decision  upon  it  becomes  absolutely 
necessary.  Beck  v.  Puckett,  2  Shannon's  Cases,  490,  494,  495.  See 
Const,  pp.  612,  613,  notes  25-28;   p.  85,  note  28a2. 

4.  Extension  of  registration  laws  to  certain  counties  and  civil 
districts,  under  population  classification. — By  Acts  1915  (Private), 
ch.  230,  the  registration  law  is  extended  to  all  counties  having,  by 
the  federal  census  of  1910  or  any  subsequent  federal  census,  a  popu- 
lation of  not  less  than  39000  nor  more  than  40000.  Under  the  federal 
census  of  1910,  this  act  applies  in  Madison  county  alone.  Repealed 
by  Acts  1917,  Private  ch.  736. 

By  Acts  1915  (Private),  ch.  578,  the  registration  law  is  made 
applicable  to  civil  districts  having  a  population  of  not  less  than  627 
nor  more  than  630,  and  to  districts  having  a  population  of  not  less 
than  641  nor  more  than  650,  and  to  districts  having  a  population  ol 
not  less  than  609  nor  more  than  610,  and  to  districts  having  a  popu- 
lation of  not  less  than  581  nor  more  than  590,  in  counties  having 
a  population  of  not  less  thna  24213  nor  more  than  24220,  by  the 
federal  census  of  1910,  or  any  subsequent  federal  census.  Under  the 
federal  census  of  1910,  this  act  is  applicable  to  the  Twelfth,  Thirteenth, 
Twenty-first,  and  Twenty-second  civil  districts  of  Williamson  county 
alone. 

By  Acts  1915  (Private),  ch.  582,  the  registration  law  is  made  appli- 
cable to  civil  districts  of  not  less  than  1299  nor  more  than  1300  in 
counties  having  a  population  of  not  less  than  24213  nor  more  than 
24220,  by  the  federal  census  of  1910  or  any  subsequent  federal  census. 
Under  the  federal  census  of  1910,  this  act  is  applicable  to  the  Third 
civil  district  of  Williamson  county  alone. 


44  Election  Laws  of  Tennessee 

By  Acts  1921,  ch.  809,  registration  Is  required  in  counties  having 
a  population  of  not  less  than  13800  nor  more  than  13825,  according 
to  the  federal  census  of  1920  or  any  subsequent  federal  census.  Under 
the  federal  census  of  1920,  said  act  applies  in  Rhea  county  alone. 

5.  Acts  1915  (Private,  chs.  578  and  582,  are  probably  unconstU 
tutionai. — Said  acts  whose  provisions  are  substantially  stated  in 
the  last  two  paragraphs  of  the  preceeding  note  are  probably  uncon- 
stitutional, for  the  reason  that  the  population  classification  is  arbi' 
trary,  and  without  reason.  The  registration  laws  cannot  be  applied, 
under  a  population  classification,  to  part  of  the  districts  of  a  county, 
unless  there  is  a  substantial  difference  in  the  population  thereof. 
—Ed. 

6.  Registration  of  voters  is  dispensed  with   in  certain  counties.— 

Under  population  classification,  under  the  federal  census  of  1910, 
or  any  subsequent  federal  census,  the  registration  of  voters,  under 
the  federal  census  of  1910,  is  dispensed  with  in  the  counties  named, 
by  the  acts  given  after  each  county,  with  population  given  as  not 
less  than  the  smaller  number  nor  greater  than  the  larger  number, 
as  follows:  Anderson  (Acts  1911,  Private,  ch.  597—17700  and  17750) ; 
Bradley  (Acts  1913,  Private^  ch.  283— li6330  and  16340);  Campbell  (Acts 
1911,  Private,  ch.  419—27375  and  27400— see  Campbell  Co.  v.  Wright, 
19  Cates,  1,  3,  in  which  case  a  newspaper  reported  that  this  act  was 
held  to  be  unconstitutional;  but  the  reported  opinion  stops  v/here 
this  question  would  be  naturally  taken  up) ;  Dickson  (Acts  1915, 
Private,  ch.  516—19950  and  20000);  Hardin  (Acts  1913;  Private,  chu 
284—17500  and  17521);  Hawkins  (Acts  1913,  Private,  ch.  142—23550  and 
240'00);  Jefferson  (Acts  1911,  Private,  ch.  581,  sees,  2-5—17750  and 
17760 — whose  constitutionality  is  doubted  for  the  reason  stated 
Id  note  2(  under  section  1232  of  the  Code,  as  to  Acts  1915,  ch.  21); 
Marion  (Acts  1915,  Private,  ch.  445—18800  and  18900);  Mar- 
shall (Acts  1911,  Private,  ch,  4i0>— 16860  and  16880);  Mc-Minn 
(Acts  1911,  Private,  ch.  212—21000  and  21100— but  Acts  1921, 
Private,  ch.  151,  repeals  Acts  1911,  Private,  ch.  212,  but 
dispenses  with  the  registration  of  voters  in  counties  having  a 
population  of  not  less  than  25130  nor  more  than  25140,  according 
to  the  federal  census  of  1920  or  any  subsequent  census,  and  thus 
continuing  such  dispensation  of  registration  in  McMinn  county  under 
the  federal  census  of  1920);  Monroe  (Acts  1911,  Private,  ch.  262— 
20700  and  20800— repealed  by  Acts  1915,  Private,  ch.  305);  Scott 
(Acts  1913,  Private,  ch.  211—12940  and  12950);  Sevier  (Acts  1915, 
Private,  ch.  303—22296  and  22300)  Warren  (Acts  1907,  ch,  225—16410 
and  16425 — but  registrars  are  required  to  be  appointed  and  to  per- 
form certain  duties  at  the  elections.  The  population  classification 
in  this  act  was  made  under  the  federal  census  of  1900.  Under  the 
federal  census  of  1910,  Warren  county  passed  out  of  the  population 
classification;  and  under  the  provision  in  the  fourth  section  of 
said  act,  making  the  last  federal  census  control  in  every  case,  it 
is  thought  that  this  act  does  not,  under  the  census  of  1910,  apply 
in  Warren  county,  notwithstanding  Hall  v.  State,  16  Cates,  235,  238, 
239,  243-246,  headnotes  6  and  8;  and  it  seems  that  no  other  county 
comes  within  the  population  classification  under  the  federal  census 
of  1910). 

By  Acts  1919,  Private,  ch.  525.  registration  is  not  required  in 
towns  and  civil  districts  in  counties  having  a  population  of  not  under 


Ebgistration  of  Voters  45 

15430  or  not  over  1544'0,  according  to  the  federal  census  of  1910  or 
any  subsequent  federal  census.  Under  the  federal  census  of  1910 
and  1920,  and  under  Hall  v.  State,  16  Gates,  235.,  238,  2M-243,  246, 
247,  said  act  is  applicable  in  De  Kalk  county  alone. — Ed. 

By  Acts  1917,  Private,  ch.  704,  registration  is  dispensed  with  in 
counties  having  a  population  of  not  less  than  13900  and  not  exceed- 
ing 13915,  by  the  federal  census  of  1910  or  any  subsequent  federal 
census.  Under  the  federal  censuses  of  1910  and  1920,  and  under  Hall 
V.  State,  16  Gates,  235,  238,  241-246,  the  said  act  applies  in  Humphrys 
county  alone. 

By  Acts  1919,  Private,  ch.  181,  registration  is  dispensed  with  in 
counties  having  a  population  of  not  less  than  39357  nor  more  than 
39500,  by  the  federal  census  of  1910  or  by  any  subsequent  federal 
census,  but  said  act  does  not  apply  to  incorporated  towns  in  said 
counties.  Under  the  federal  census  of  1910  and  1920,  and  under  Hall 
V.  State.  16  Gates  235,  238,  241-243,  246,  247,  said  act  applies  to 
Madison   county  alone. 

7.  Registration  and  Dortch  ballot  laws  are  dispensed  with  in 
certain  counties. — By  Acts  1915  (Private),  ch.  378,  the  registration 
and  Dortch  ballot  laws  are  dispensed  with  in  counties  having  a 
population  of  not  less  than  17569  and  not  exceeding  17575.  Under 
the  federal  census  of  1910,  this  act  applies  in  Lawrence  county 
alone. 

By  Acts  1915  (Private,  ch.  445,  the  registration  and  Dortch  ballot 
laws  are  made  inapplicable,  and  Acts  1891,  ex.  ses.,  ch.  21,  compiled 
in  sections  1259  to  1263  of  the  Gode  prescribing  the  3  by  7  uniform 
ballot,  is  made  applicable,  in  all  counties  having  a  population  of 
not  less  than  18800  and  not  more  than  18900,  according  to  the 
federal  census  of  1910  or  any  subsequent  federal  census.  Under  the 
federal  census  of  1910,  this  act  is  applicable  in  Marion  county  alone). 
But  see  sees.  15-5-183  and  especially  sec.  156;  note  under  chapter  12. 

103.  [1190].  Duty  of  commissioners  of  elections  when 
town  or  district  is  divided. — If  any  town  or  district  shall  be 
divided  after  coming  under  the  provisions  of  this  chapter, 
it  shall  be  the  duty  of  the  commissioners  of  elections  to,  at 
once,  ascertain  whether  either  of  the  divisions  of  the  divided 
district  or  town  still  has  the  requisite  number  of  inhabitants 
to  continue  it  under  the  provisions  of  this  chapter,  accord- 
ing to  the  preceding  federal  census  last  published.  (1890,  ist 
ex.  ses.,  ch.  25,  sec.  i,  2d  proviso;  1907,  ch.  436,  sec.  19.)  See 
sec.  loi ;  notes  under  sec.  183 

104.  [1191].  Commissioners  of  elections  shall  appoint 
registrars. — It  shall  be  the  duty  of  said  commissioners  of 
elections  to  appoint  registrars  of  voters  as  herein  provided, 
a  majority  of  the  board  in  all  cases  having  full  power  to  act. 
(1890,  1st  ex.  ses.,  ch.  25,  sec.  2;  1907,  ch.  436,  sec.  19.)  See 
sec.  loi. 

105.  [1192].     Registrars,  appointment  of. — The  commis- 


4:6  Election  Laws  of  Tennessee 

sioners  of  elections  herein  provided  shall,  ninety  days  prior 
to  every  general,  state,  county,  and  municipal  election,  or 
election  for  the  issuance  of  improvement  bonds,  appoint  two 
registrars  of  voters,  both  of  whom  shall  be  residents  of  the 
civil  districts  or  wards  they  are  intended  to  serve  in,  not  more 
than  one  of  whom  shall  be  of  the  same  political  party,  for 
such  civil  district,  county,  town,  or  city  falling  within  the  pro- 
visions of  this  chapter  in  their  respective  counties ;  provided, 
that  where  towns  or  cities  in  such  counties  are  divided  into 
wards,  voting  separately,  they  shall  appoint  two  registrars  for 
each  ward  in  such  town  or  city;  provided,  that  the  provisions 
of  this  chapter  shall  not  apply  to  special  elections  held  by  any 
city  or  town  to  enable  it  to  subscribe  to  the  capital  stock  of 
any  railroad  or  issue  bonds  for  funding  outstanding  indebted- 
ness, when  said  city  or  town  votes  in  conjunction  with  the 
civil  district  in  which  it  is  situated.  (1890,  ist  ex.  ses.,  ch.  25, 
sec.  3;  1891,  ch.  7.)     See  sees.  166,  183. 

Section  1193  of  the  Code  of  1896  Was  superseded  by  sections  83' 
85,  87-89,  92-94  of  this  compilation. 

Acts  1897,  ch.  16,  sec.  1,  amending  said  section  of  the  Code  of 
1896,  by  substitution,  was  itself  also  superseded  by  said  sections  of 
this  compilation  and  section  95  thereof. — Ed. 

106.  [1194].  Commisioners  of  elections  to  furnish  books, 
stationery,  etc.;  county  to  pay  for  same. — The  commissioners 
of  elections,  for  any  and  all  counties  affected  by  this  chapter, 
shall  have  power  to  purchase,  at  the  expense  of  their  respec- 
tive counties,  and  shall  purchase  and  furnish,  all  such  books, 
stationery,  etc.,  to  the  registrars  in  the  different  wards  and 
districts  affected  by  the  provisions  of  this  chapter,  necessary 
to  its  proper  execution  in  accordance  with  forms  to  be  fur- 
nished by  the  state  comptroller,  as  hereinafter  provided;  and 
said  commissioners  shall  certify  cost  of  the  same  to  the  county 
judge  or  chairman,  and  he  shall  issue  his  warrant  on  the 
county  treasury  of  his  county  to  pay  for  said  books,  sta- 
tionery, etc.,  and  said  registrars  shall  be  held  accountable  as 
custodians  of  said  registration  books,  stationery,  etc.,  except 
as  hereinafter  provided.  (1890,  ist  ex.  ses.,  25,  sec.  4;  1907, 
ch.  436,  sec.  19.)    See  sec.  loi. 

107.  [1195].  Hours  of  registration  of  voters  appearing 
in  their  own  proper  persons, — It  shall  be  the  duty  of  said  reg- 
istrars for  civil  districts  and  wards,  respectively,  to  open,  on 
the  days  designated  herein  for  registration,  in  some  convenient 
place  in  each  ward  or  civil  district  affected  by  this  chapter, 
an  office  for  the  registration  of  voters,  and  to  be  at  their 


KeGI  STRATI  ON   OF  VOTEES  47 

offices  fom  8  o'clock  a.  m.  till  9  o'clock  p.  m.,  for  the  purpose 
of  registering  voters  and  furnishing  to  voters  so  registered 
certificates  of  such  registration,  where  they  appear  in  their 
ow^n  proper  persons  before  said  registrars,  and  registered 
by  them,  v^rithin  the  hours  and  on  the  days  as  herein  pro- 
vided.   (1890,  1st  ex.  ses.,  ch.  25,  sec.  5 ;  1895,  ex.  ses.,  ch.  3.) 

108.  [ii95ai].  Commissioners  of  elections  shall  give 
notice  of  general  registrations. — It  shall  be  the  duty  of  the 
commissioners  of  elections  to  give  at  least  ten  days'  notice 
of  the  time  and  place  of  such  registration  in  some  new^spaper 
published  in  the  county  v^here  such  civil  district,  town,  or  city 
is  located,  or  by  written  or  printed  notices  posted  in  three  or 
more  public  places  in  the  civil  district  or  ward  for  which  they 
are  appointed.  (1890,  ist  ex.  ses.,  ch.  25,  sec.  5;  1895,  ex.  ses., 
ch.  3,  sec.  6;  1907,  ch.  436,  sec.  19.)     See  sees.  loi  and  114. 

Advertisement  of  notice  of  registration  is  to  be  given,  wlien. — Un- 
der the  provision  of  this  section  and  section  114.  it  is  concluded  that 
the  advertisement  or  notice  of  the  registration  must  be  given  as  to  the 
general  registrations,  but  not  as  to  special  registrations  before  each 
election. — Ed. 

109.  [1196].     Registration  every  two  and  four  years. — 

Only  one  general  registration  every  two  and  four  years  shall 
be  required  of  voters  to  entitle  them  to  vote  under  the  pro- 
visions of  this  chapter,  except  upon  a  change  of  residence ; 
provided,  that  registration  shall  not  be  good  for  more  than 
two  years.  (1895,  ex.  ses.,  ch.  3,  sec.  i.)  See  sees,  iii,  112, 
and  117. 

1.  What  is  meant  by  registration  every  four  years. — The  pro- 
vision in  this  section  as  to  registration  every  four  years  is  inexplica- 
ble, within  the  terms  thereof,  in  view  of  the  proviso  "that  registra- 
tion shall  not  be  good  for  more  than  two  years."  But  in  view  of 
section  112,  the  four  year  registrations  apply  to  certain  civil  dis- 
tricts in  counties  not  wholly  subject  to  the  registration  laws. — Ed. 

2.  Acts  1895,  ex.  ses.,  ch.  3,  is  thought  to  be  unconstitutional. — 
Said  act  is  considered  to  be  unconstitutional  for  the  reasons  here- 
inafter stated.  (1)  It  purports,  in  its  title  and  body,  to  be  expressly 
amendatory  of  former  laws;  but  it  does  not  recite,  in  its  caption  or 
body,  the  title,  substance,  or  subject  of  the  former  laws  so  ought  to 
be  expressly  amended.  The  statement  of  the  proposed  amend- 
ment for  only  one  general  registration  every  two  and  four  years 
is  not  a  recital  of  the  title,  substance,  or  subject  of  the  former  laws 
so  sought  to  be  expressly  amended.  A  statute  expressly  amending 
a  former  statute  cannot  do  so  by  mere  reference  to  the  chapter 
of  the  published  acts  for  a  certain  year.  This  appears  to  be  a  fatal 
defect  in  said  act,  which  renders  it  unconstitutionaL  See  Const, 
art.  2,  sec.  17  (p.  217),  and  notes  86-87a2  (pp.,  249,  2.50).  (2)  Even, 
if  the  title  of  the  said  act  be  treated  as  sufficient  on  its  face,  yet  it 
Is  limited  to  the  provision  that  only  one  general  registration  every 


48  Election  Laws  op  Tennessee 

two  and  four  years  shall  be  required.  Passing  by  what  is  meant  by 
"every  two  and  four  years,"  and  treating  the  same  as  properly  and 
sufficiently  explained  in  the  body  of  the  act,  it  is  clear  that  the 
body  of  the  act  contains  material  matter  not  included  in  said  title. 
Besides  fixing  the  times  of  the  registrations,  which  only  is  included 
in  the  title,  the  body  undertakes  to  prescribe  regulations  thereof. 
The  title  is  restricted  or  limited  to  the  times  of  the  registrations, 
and  does  not  otherwise  include  regulations  thereof,  which  are  pre- 
sumed to  be  made  in  the  former  acts.  The  provision  in  the  third  and 
fourth  sections  making  registration  prerequisite  to  voting  is  not  in- 
cluded in  the  title.  The  provision  in  the  fifth  and  sixth  sections  as 
to  the  special  three  day  registrations  before  each  election  is  not 
included  in  the  title  which  is  limited  to  general  registrations  every 
two  and  four  years,  and  does  not  include  irregular  and  special  reg- 
istrations. The  provision  in  the  seventh  section  requiring  the  reg- 
istrars to  attend  the  elections,  or  to  furnish  the  judges  of  the  elec- 
tion certified  copies  of  the  registration  lists  of  voters,  as  the  case 
may  be,  and  the  other  services  to  be  performed,  and  fixing  their  com- 
pensation for  all  such  services,  is  not  included  in  said  title.  The 
duties  required,  in  the  eighth  and  ninth  sections,  to  be  performed 
are  not  included  in  said  title.  The  matter  in  the  seventh  section 
might  be  elided,  so  as  to  remove  that  objection  as  against  the  rest 
of  the  act.  But  to  elide  the  other  matters  not  included  in  the  title 
would  leave  so  little  in  operation  that  the  courts  can  hardly  assume 
that  the  legislature  would  have  passed  the  act  with  such  matters  left 
out.  See  Const.,  art  2.  sec  17  (p.  217);  note  10  (p.  218);  notes  30, 
81   (p.  227);    notes  54-56    (pp.  233,  234);    note  58    (pp.  241-243). 

Notwithstanding  these  defects  which  may  render  the  said  act, 
or  a  great  part  of  it,  unconstitutional,  the  same  is  herein  compiled, 
because  the  author  does  not  care  to  assume  the  responsibility  of 
omitting  the  same  as  unconstitutional. — Ed. 

110.  [1197].  Registration  books,  when  opened;  certifi- 
cates of  registration. — In  all  the  territory  wherein  voters  are, 
by  law,  required  to  register,  the  registrars  of  the  various 
wards  and  districts  shall  open  the  registration  books  on  the 
second  Monday  in  August,  1895,  and  on  the  second  Monday 
of  August  every  second  year  thereafter,  and  the  same  shall 
be  kept  open  for  the  registration  of  voters  for  ten  days,  not 
counting  Sundays,  and  all  the  qualified  voters  in  said  wards 
and  districts  desiring  to  register  as  voters  shall  register,  with- 
in the  said  ten  days,  in  the  manner  registration  is  required  by 
law  to  be  made,  and  the  registrars  shall  issue  certificates  of 
registration,  as  provided  by  law.     (1895,  ex.  ses.,  ch.  3,  sec.  2.) 

Constitutionality  of  this  statute  has  been  conceded  in  practice, 
and  may  not  be  declared  to  be  unconstitutional  for  that  reason, 
after  so  long  a  time,  but  if  this  section  should  be  held  to  be  un- 
constitutional, then  the  registration  must  be  made  so  as  to  close  at 
least  twenty  days  before  the  date  of  every  election,  as  provided  in  Acts 
1890,  1st  ex.  ses.,  ch.  25  secsi  3  and  9.  As  to  the  unconstitutionality 
of  this  section,  see  note  2  under  sec.  109. 


Kegistration  of  Voters  49 

111.  [1198].  Registration  is  prerequisite  to  voting;  gen- 
eral registration  for  two  and  four  years;  change  of  residence. 

— Registration  as  provided  for  in,  section  105,  and  the  other 
provisions  hereof,  shall  be  prerequisite  to  voting  in  all  elec- 
tions in  such  territory,  and  when  such  registration  has  been 
made  under  the  provisions  of  this  chapter,  no  other  or  further 
general  registration  for  two  and  four  years  shall  be  made 
or  required  as  a  prerequisite  to  his  voting,  except  in  cases 
where  the  voter  has  changed  his  residence.  (1890,  ist  ex.  ses., 
ch.  25,  sec.  5;  1895,  ex.  ses.,  ch.  3,  sec.  3.)  See  sees.  109,  112, 
113,  114;  note  I  under  sec.  109;  note  under  sec  12^ 

112.  [1199].  No  unregistered  person  to  vote;  registra- 
tion every  four  years  in  certain  civil  districts. — No  voter  shall 
be  allowed  to  vote  in  any  election  wherein  registrati6n  is  re- 
quired by  law,  unless  he  shall  have  first  registered,  under 
the  provisions  of  this  chapter,  as  much  as  twenty  days  before 
the  election  wherein  he  offers  to  vote,  is  held.  But  registration 
of  voters  shall  only  be  required  every  four  years  in  civil  dis- 
tricts having  less  than  five  thousand  population,  according  to 
last  census,  whenever  such  civil  districts  are  in  counties  not 
wholly  subject,  by  the  present  laws,  to  registration.  (1895, 
ex.  ses.,  ch.  3,  sec.  4.)  See  sees.  109  and  iii;  note  i  under 
sec.  109. 

1.  Voter  otherwise  qualified  to  vote,  but  voting  without  regis- 
tration, is  guilty  of  a  misdemeanor,  when. — The  registration  laws 
make  registration  a  prerequisite  to  voting  in  all  elections  held  in 
counties  and  districts  falling  within  their  provisions,  and  prohibit 
voters  from  voting,  without  the  required  lawful  registration;  and  a 
landowner  thus  qualified  to  vote,  but  voting  in  a  municipal  election, 
without  such  registration,  where  registration  is  required,  is  guilty 
of  a  misdemeanor.     State  v.  Weaver,  14  Gates,  198,  206  (headnote  3). 

2.  Nonresident  owners  of  land  in  city  must  register  before  voting, 
where  registration  laws  apply. — See  Const.,  p.  377,  note  22;  note  4 
under  sec.  1952  of  the  Code. 

113.  [1200].  Change  of  voter's  residence  necessitates  re- 
registration. — All  persons  who  shall  have  registered  under  the 
provisions  of  this  chapter,  and  hereafter  [thereafter] 
change  their  residence  by  removing  to  another,  either  within 
or  without  the  ward  or  district  where  registered,  shall  not  be 
qualified  to  vote  in  any  election  thereafter  held  without  hav- 
ing first  reregistered  under  the  provisions  of  this  chapter,  as 
much  as  twenty  days  previous  to  any  election  where  he  offers 
to  vote ;  and  the  registrars  in  such  cases,  shall  take  up  and 
cancel  the  certificate  formerly  issued  to  such  voter,  unless 
the  same  has  been  lost  or  destroyed.  (1895,  ex.  ses.,  ch.  3, 
sec.  5.) 


50  Election  Laws  of  Tennessee 

1.  Legislative  power  to  require  the  registration  of  voters  pre- 
vious to  the  election. — The  legislature  has  the  power  to  enact  a 
statute  prohibiting  any  registered  voter  from  voting  at  any  election, 
after  changing  his  residence,  by  removing  to  another,  either  within 
or  without  the  ward  or  district  where  he  has  registered,  unless  he 
reregisters  at  least  twenty  days  before  the  election,  even  though  he 
removed  after  the  closing  of  the  last  registration  and  before  the 
election.  Moore  v.  Sharp,  14  Pickle,  491,  495-499,  and  especially  498; 
State  v.  Weaver,  14  Gates,  204. 

2.  Change  of  residence  disqualifies  voter  and  necessitates  re- 
registration. — Change  of  residence  by  registered  voter,  either  within 
or  without  the  ward  or  district  where  registered,  disqualifies  him  to 
vote,  until  and  unless  he  shall  reregister  at  his  new  residence  as 
much  as  twenty  days  before  the  election,  even  though  his  removal 
was  after  the  closing  of  the  last  registration  and  before  the  election; 
for  the  change  of  residence,  within  the  twenty  days  before  the  elec- 
tion, absolutely  and  irremediably  disqualifies  the  registered  voter 
to  vote  in  such  election.    Moore  v.  Sharp,  14  Pickel,  491,  495-499. 

114.  [i20i].  Three  day  registration  to  be  closed  twenty 
days  before  every  election;  advertisement  not  required. — The 

registrars  of  the  various  wards  and  districts  shall,  in  the  man- 
ner now  required  by  law,  except  that  no  advertisement  shall 
be  necessary,  open  the  books  of  the  wards  and  districts,  or 
either  of  them,  for  the  registration  of  voters  therein  previous 
to  any  election,  or  primary  elections  provided  for  by  the  laws 
of  the  state,  to  be  held  in  any  ward  or  district  or  precinct  or 
voting  place  therein,  and  the  books  shall  be  kept  open  three 
days  for  registration,  and  the  said  registration  days  shall  be 
continuous,  and  the  books  closed  twenty  days  previous  to  the 
election ;  and  the  registrars  shall,  upon  personal  application 
of  voters,  register  such  voters  who  have  not  previously  reg- 
istered under  the  provisions  of  this  chapter,  and  reregister 
those  who  have  changed  their  residence.  (1890,  ist.  ex.  ses., 
ch.  25,  sec.  5;  1895,  ex.  ses.,  eh.  3,  sec.  6;  1909,  ch.  404.) 
As  to  advertisement,  see  note  under  sec.  108. 

115.  [1202].  Questions  to  be  answered  before  registra- 
tion.— In  all  cases  where  the  applicant  for  registration  is  not 
personally  known  to  the  registrars  to  be  a  legal  voter  in  the 
civil  district  or  ward  in  which  he  applies  for  registration,  he 
shall,  before  being  registered,  answer  and  state  his  age,  place 
of  residence,  stating  district  or  ward,  road  or  street,  the 
number  of  his  house,  if  numbered,  and  if  not  numbered,  then 
a  designation  of  its  location,  if  not  the  owner,  then  the  name 
of  the  owner  or  renter,  where  he  resides  or  boards,  the  time 
of  his  residence  in  said  state  and  district  or  city,  whether 
married  or  single,  his  avocation,  place  of  business,  or  where 
and  by  whom  employed,  the  state,  city  or  district,  and  post- 
office  ;  if  a  newcomer,  from  whence  he  came,  and  if  a  for- 


Kegistration  op  Voters  51 

eigner,  when  and  where  naturahzed;  has  he  ever  been  dis- 
quaHfied  as  a  voter  by  judgment  or  decree  of  any  court;  if 
so,  when  and  by  what  court  reinstated.  (1890,  ist  ex.  ses.,  ch. 
25,  sec.  6.) 

116.  [1203].  Answers  to  be  entered  on  books,  and 
sworn  to;  false  swearing  is  perjury;  punishment. — The  regis- 
trars shall  keep  suitable  books  in  which  the  statements  or 
answers  of  such  applicants  for  registration  shall  be  entered  by 
them ;  and  the  said  statements  or  answers  hall  be,  when  so 
made  and  entered  by  the  registrars,  sworn  to  by  such  appli- 
cant or  applicants  for  registration ;  and,  for  that  purpose,  said 
registrars,  or  either  of  them,  are  empowered  to  administer 
said  oath ;  and  any  false  swearing  on  the  part  of  any  appli- 
cant for  registration,  as  to  the  statements  or  answers  touch- 
ing his  qualification  to  vote,  as  herein  provided,  is  hereby 
declared  to  be  perjury,  punishable  as  perjury  in  other  cases 
under  the  laws  of  the  state.     (lb.) 

117.  [1204].  Certificate  shall  show  what;  right  to  vote 
under,  except  for  fraud,  perjury,  or  removsd. — The  regstrars 
shall  number  the  names  of  voters  a  sregistered,  giving  the 
color  of  each  voter  opposite  his  name  on  the  registration 
book,  and  shall  furnish  to  each  voter  so  registered  a  certifi- 
cate of  his  registration  as  a  voter,  which  shall  be  numbered 
corresponding  with  his  name  on  the  registration  book,  and 
shall  show  on  its  face  the  name  of  the  voter,  his  color,  the 
ward  or  district  in  which  he  resides,  and  that  he  is 
entitled  to  vote,  under  said  certificate,  in  all  elections  held 
in  the  district  or  ward  within  two  years  from  the  last  general 
regstration  twenty  days  after  the  issuance  of  the  same ;  and 
when  so  issued  or  delivered  to  the  voter,  he  shall,  on  presenta- 
tion of  the  same  to  the  proper  officer  holding  the  election  in 
the  ward  or  district  in  which  said  voter  resides  and  for  which 
said  registration  was  held,  be  entitled  to  vote  in  the  election 
for  which  his  certificate  shows  his  qualification  to  vote,  unless 
on  challenge  it  be  shown  by  proof  to  the  satisfaction  of  the 
judges  holding  such  election  that  the  certificate  was  procured 
by  fraud  or  perjury,  or  that  the  voter  has  removed  from  the 
ward  or  district  in  which  he  was  registered;  and  no  person 
shall  be  entitled  to  vote  in  such  ward  or  district  except  on 
presentation  of  his  certificate  as  a  voter,  as  hereinbefore  pro- 
vided for.  (1890,  1st  ex.  ses.,  ch.  25,  sec.  6;  1895,  ex.  ses.,  ch. 
3.  sec.  9.) 

See  Acts  1889,  ch.  218,  as  amended  by  Acts  1890,  1st  ex.  ses.,  ch. 


52  Election  Laws  of  Tennessee 

23,   pertaining   to   separate   Toting   In   state   and   national   elections* 
and  both  repealed  by  Acta  18»1,  cb.  161— Ed. 

Certificate  of  registration  may  be  challenged  before  judges  of 
election,  where  procured  by  fraud  or  perjury;  fraud  is  defined. — 
The  certificate  of  registration  may  be  successfully  challanged  before 
the  judges  of  election,  where  it  is  shown  by  proof  to  their  satisfac- 
tion to  have  been  obtained  by  fraud  or  perjury,  or  where  the  voter 
has  removed,  and  such  certificate  is  obtained  by  fraud  in  fact  or  in 
law,  where  the  holder  thereof  was  not  a  qualified  voter.  State,  ex. 
rel.,  V.  Willett,  9  Gates,  334,  361,  362   (headnote  9). 

118.  [1205].  Registration  books  kept  open  for  inspec- 
tion.— The  registrars  in  each  district  and  ward  shall,  imme- 
diately after  the  registration  of  voters  for  such  ward  or  dis- 
trict is  closed,  keep  the  books  of  registration  open  for  public 
inspection  at  the  office  of  registration  for  the  space  of  five 
days ;  and  if  any  errors  of  a  purely  clerical  nature  are  dis- 
covered during  said  time,  the  same  shall  be  corrected  by  the 
registrars.     (1890,  ist.  ex.  ses.,  ch.  25,  sec.  7.) 

1.  Mandamus  will  not  lie  to  compel  erasure  of  names  of  dis- 
qualified voters  from  registration  books,  after  the  five  days  when.^ 
The  peremptory  writ  of  mandamus  will  not  be  awarded,  after  the 
expiration  of  the  five  days  allowed  for  the  correction  of  clerical 
errors,  to  compel  the  election  registrars  to  erase,  from  the  registration 
books,  the  names  of  persons  alleged  to  be  disqualified  as  voters, 
because  they  have  no  power  to  revise  the  registration,  after  the  ex- 
piration of  such  time.  State,  ex.  rel.,  v.  Willett,  9  Gates,  334,  351- 
362   (headnote  8). 

2.  Mandamus  will  not  lie  to  compel  erasure  from  registration 
books,  where  the  names  improperly  registered  do  not  appear, 
when. — The  peremptory  writ  of  mandamus  will  not  be  awarded  to 
compel  election  officers  to  erase  from  the  registration  books  the 
names  of  persons  designated  as  residents  or  members  of  the  Soldiers' 
Home,  where  it  appears  that  some  of  these  might  be  properly  regis- 
tered, but  neither  their  names  nor  the  names  of  those  improperly 
registered  appear  in  the  record.  State,  ex.  rel,,  v.  Willett,  9  Gates, 
384,  339,  350,  351  (headnote  6). 

119.  [1206].  Affidavit  as  to  correctness  of  registration 
books;  perjury  to  make  false  affidavit. — On  the  expiration  of 
said  five  days,  the  said  registrars  shall  make  affidavit 
before  any  officer  in  their  county  authorized  to  ad- 
minister oaths,  on  their  book  of  registration,  imme- 
diately following  the  close  of  the  Hst  of  names 
of  registered  voters,  to  the  correctness  of  their 
registration,  and  that  they  have,  in  all  respects,  in  con- 
ducting such  registration,  complied  w^ith  the  provisions  of 
this  chapter;  and  any  false  statement  made  in  said  affidavit 
is  hereby  declared  to  be  perjury  on  the  part  of  the  parties 
making  the  same,  and  punishable  as  perjury  in  other 
cases.     (lb.) 


Kegistration  of  Voters  53 

120.  [1207].  Registration  books  to  be  turned  over  to 
commissioners  of  elections. — Said  book  or  books  of  registra- 
tion, when  thus  completed,  shall  be  turned  over  by  the  regis- 
trars to  the  commissioners  of  elections  for  their  county  for 
safe-keeping,  and  said  commissioners  shall  thereafter  be  held 
responsible  for  the  same  as  in  the  case  of  other  pubhc  records, 
(lb. ;  1907,  ch.  436,  sec.  19.) 

121.  [1208].  Compensation  of  registrars. — The  regis- 
trars herein  provided  for  shall  be  compensated  in  the  sum  of 
one  dollar  and  fifty  cents  per  day  each,  for  the  number  of 
days  of  registration  hereinbefore  designated,  and  shall  have 
the  same  rate  of  compensation  for  one  additional  day  for 
correcting  errors  as  hereinbefore  provided  for,  to  be  paid  out 
of  the  county  treasury  on  the  warrant  of  the  judge  or  chair- 
man of  the  county  court  when  the  account  is  certified  by  the 
commissioners  of  elections.  In  case  of  municipal  elections, 
the  costs  shall  be  paid  by  the  corporation  or  municipality  for 
which  said  election  is  held.  (1890,  ist  ex.  ses.,  ch.  25,  sec.  8; 
1895,  ex.  ses.,  ch.  3,  sec.  2 ;  1907,  ch.  436,  sec.  19.)  See 
sees,  no,  114,  129,  168. 

Compensation  of  registrars  in  certain  counties. — By  Acts  1919, 
Private,  ch.  251,  it  is  provided  that  registrars  shall  receive  three 
dollars  per  day  in  counties  having  a  population  of  not  less  than 
39357  nor  more  than  39500,  according  to  the  federal  census  of  1910 
or  any  subsequent  federal  census.  Under  the  federal  censuses  of  1910 
and  1920,  and  under  Hall  v.  State  lb"  Gates,  235,  238,  241-243,  246, 
247,  said  act  is  applicable  in  Madison  county  alone. 

By  Acas  1919,  Private,  chs.  366  and  573,  it  is  provided  that  election 
registrars  in  all  counties  having  a  population  of  not  less  than  25430 
nor  more  than  25450,  according  to  the  federal  census  of  1910  or  by 
any  subsequent  federal  census,  shall  receive  three  dollars  per  day, 
and  fifty  cents  for  each  certified  list  of  voters.  Under  the  federal 
censuses  of  1910  and  1920,  and  under  Hall  v.  State,  16  Gates,  235,  238. 
241-243,  247,  said  acts  are  applicable  in  Henry  county  alone. 

By  Acts  1921,  Private,  ch.  702,  sec.  1,  it  is  provided  that  registrars 
shall  receive  two  dollars  and  fifty  cents  per  day,  in  counties  of  not 
less  than  112,000  nor  more  than  115,000  inhabitants  by  the  federal 
census  of  1920.  or  any  subsequent  federal  census,  which  provision 
under  said  census  of  1920,  applies  to  Knox  county  alone. — Ed. 

For  extra  compensation  of  registrars  in  certain  other  counties, 
see  note  under  sec.  53. 

122.  [1209].  Registration  books  to  be  marked  at  close 
of  each  day. — At  the  close  of  each  day's  registration,  the  reg- 
istrars shall  draw  a  heavy  black  line,  in  ink,  immediately  under 
the  last  name  registered  on  that  day,  entirely  across  the  page 
of  the  registration  book,  to  indicate  the  completion  of  that 
day's  registration.     (1890,  ist  ex.  ses.,  25,  sec.  9.) 


'54  Election  Laws  of  Tennessee 

122a.  [1210].  Refusal  to  register  qualified  voter  is  a  mis- 
demeanor in  ofiice;  penalty. — Any  registrar  of  votes  [voters], 
willfully  refusing  to  register  any  qualified  voter,  shall  be  liable 
to  indictment  by  grand  jury  for  a  misdemeanor  in  office,  and, 
upon  conviction,  shall  be  sentenced  to  pay  a  fine  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars,  or  im- 
prisoned in  the  county  jail  or  v^orkhouse  for  not  less  than  ten 
nor  more  than  thirty  days,  or  both,  at  the  discretion  of  the 
court.    (1890,  1st.  ex.  ses.,  ch.  25,  sec.  10.) 

123.  [1211].  Who  is  entitled  to  registration. — All  per- 
sons qualified  to  vote  under  existing  laws  at  the  date  of  his 
application,  or  who  may  become  qualified  by  reason  of  his 
arriving  at  the  age  of  twenty-one  years  by  the  date  of  the 
election  for  which  the  registration  is  had,  or  who  will  be 
qualified  by  reason  of  having  resided  in  the  state  for  twelve 
months  and  the  county  six  months  by  the  date  of  said  elec- 
tion, shall  be  entitled  to  be  registered  as  a  voter  under  this 
chapter.     (1890,  ist  ex.  session,  ch.  25,  sec.  11.) 

Registration  laws  prescribe  no  qualification  of  voters,  but  are  to 
determine  who  possess  the  voting  qualifications. — See  Const,  p.  377, 
note  21. 

124.  [12 1 2].  Disagreement  of  registrars,  and  action  of 
commissioners  of  elections. — If  the  registrars  disagree  as  to 
the  right  of  an  applicant  to  be  registered  as  a  voter,  they  shall 
register  his  name  and  issue  to  him  a  certificate  as  in  other 
cases,  writing  across  the  face  of  the  certificate  the  words ; 
**The  registrars  disagree,"  and,  in  such  case,  the  applicant 
may  take  such  certificate  to  the  board  of  commissioners  of 
elections,  who  shall  determine  the  question  of  disagreement, 
and  indorse  on  the  certificate  the  words,  "approved"  or  "dis- 
approved," as  they  may  decide,  and  the  holder  of  such  certifi- 
cate shall  not  be  entitled  to  vote  on  such  certificate,  unless 
the  word  "approved"  is  indorsed  on  the  same  and  signed  by 
the  majority  of  said  board  of  commissioners.  (1890,  ist  ex. 
ses.,  ch.  25,  sec.  12;  1907,  ch.  436,  sec.  19.)     See  sec.  loi. 

125.  [1213] .  Refusal  or  inability  of  registrars  to  act,  how 
remedied. — In  case  of  the  temporary  absence  of  a  duly  ap- 
pointed registrar,  on  any  of  the  days  fixed  for  registration  by 
this  chapter,  from  sickness  or  other  cause,  he  (and  on  his 
failure  to  do  so,  the  commissioners  of  elections)  shall  select 
a  person  from  the  political  party,  to  which  he  belonged,  to 
act  for  him  and  in  his  stead,  during  such  temporary  absence ; 
and,  should  any  duly  appointed  registrar  willfully  refuse  to 
act  on  any  registration  day,  as  herein  provided  for,  the  reg- 
istrar not  refusing  shall  have  power  to  supply  his  place  by 


Eegistration  of  Voters  55 

appointment  of  another  registrar,  to  assist  him,  from  the 
same  political  party,  to  which  the  declining  member  belongs, 
which  appointment  shall  continue  until  the  board  of  com- 
missioners supply  the  place  by  another  regular  appointment; 
provided,  that,  in  each  case,  an  oath,  the  same  as  taken  by 
regular  registrars,  shall  be  administered  to  such  temporary 
registrars  by  any  officer  of  his  county  authorized  to  admin- 
ister an  oath.  (1890,  ist  ex.  ses.,  ch.  25,  sec.  13;  1907,  ch. 
436,  sec.  19.) 

126.  [1214].  Oath  of  registrars.— The  said  registrars  pro- 
vided for  in  this  chapter,  before  entering  upon  the  duties  im- 
posed upon  them  by  this  chapter,  shall  take  and  subscribe  to 
the  following  oath :  "I  do  solemnly  swear  (or  affirm)  that 
I  will  faithfully  and  impartially  keep  the  register  of  voters 
in  my  district  (or  ward)  ;  that  I  will  not  knowingly  register,  or 
allow  to  be  registered,  any  person  not  a  legally  qualified  voter, 
and  that  I  will  not  knowingly  prevent  any  person  from  regis- 
tering who  is  a  legally  qualified  voter.  So  help  me  God." 
(1890,  ist  ex.  ses.,  ch.  25,  sec.  14.) 

127.  [1215].  Certain  acts  declared  misdemeanors;  fine 
and  imprisonment. — It  is  hereby  declared  a  misdemeanor  for 
any  person  to  register  or  have  his  name  registered  as  a  quali- 
fied voter  under  this  chapter,  when  he  is  not  such  a  qualified 
voter ;  or  to  vote,  or  attempt  to  vote,  on  any  certificate  of 
registration  issued  under  the  provisions  of  this  chapter  to 
some  one  other  or  otherwise  than  the  person  voting,  or  offer- 
ing to  vote,  on  the  same ;  or  to  procure  or  induce  any  other 
person  to  register  or  be  registered  as  a  voter  not  being  legally 
qualified  as  such ;  or  to  induce  or  procure  any  other  person 
to  vote,  or  attempt  to  vote,  on  any  certificate  issued  under 
the  provisions  of  this  chapter  to  another  or  otherwise  than  to 
the  person  voting,  or  offering  to  vote,  on  the  same ;  or  to 
alter,  change,  forge,  or  counterfeit,  or  procure  the  same  to 
be  done  by,  another,  the  certificates  of  registration  provided 
for  in  this  chapter ;  or  to  issue,  circulate,  or  in  any  way  use* 
or  attempt  to  use,  any  fraudulent  certificate  of  registration, 
the  same  not  having  been  regularly  issued  by  duly  appointed 
and  legally  qualified  registrars,  as  provided  for  in  this  chapter. 
And  any  person  convicted  of  either  of  said  offenses  shall  be 
fined  not  less  than  fifty  dollars,  or  be  confined  in  the  county 

■  jail  or  workhouse  not  less  than  thirty  days,  or  both,  at  the 
discretion  of  the  court.    (1890,  ist  ex.  ses.,  ch.  25,  sec.  15.) 

128.  [1216].    Comptroller  to  furnish  blank  forms,  etc. — 


56  Election  Laws  op  Tennessee 

To  secure  uniformity  in  registering  voters  under  this  chapter, 
the  state  comptroller  shall  furnish  to  the  commissioners  of 
elections  in  the  various  counties,  where  the  same  are  reqa'^ed 
to  be  appointed  under  this  chapter,  blank  forms  for  all  books 
and  certificates  of  registration  required  under  and  by  the 
provisions  of  this  chapter,  and  the  same  shall  be  paid  for  out 
of  the  state  treasury  as  other  claims  are  paid.  (1890,  ist  ex. 
ses.,  ch.  25,  sec.  16;  1907,  ch.  436,  sec.  19.) 

129.  {1217].  Registrars  to  be  at  elections,  and  furnish 
ofiBcer  certified  lists  of  voters  voting;  compensation. — On  the 

day  of  any  election  held,  the  registrars  for  each  district  or 
voting  precinct  shall  appear  at  the  place  of  holding  said 
election,  with  the  books  in  which  said  voters  are  numbered, 
together  with  a  copy  of  the  same,  which  shall  be  evidence  of 
registration,  and  they  shall  occupy  a  place  inside  the  polling 
precincts,  and  as  each  voter  therein  registered  shall  vote,  said 
registrars  shall  check  off  or  mark  said  voter;  and  said  regis- 
trars shall  make  a  copy  of  said  voters  checked  off,  and  return 
the  same  to  the  officer  holding  the  election,  who  shall  file  the 
same  with  election  returns,  for  which  service  each  registrar 
shall  be  paid  by  the  county  the  sum  of  one  dollar  per  day; 
but  in  no  event  shall  a  failure  of  registrars  to  attend  and 
check  the  voters  render  void,  in  any  instance,  the  election. 
(1890,  1st  ex.  ses.,  ch.  25,  sec.  17;  1895,  ex.  ses.,  ch.  3,  sec.  7.) 
See  sees.  121,  168. 

Voters  must  register  in  tlie  civil  district,  ward,  or  precinct  where 
they  propose  to  vote. — The  registration  laws  require  the  voter  to 
register  in  the  civil  district,  ward,  or  voting  precinct  where  he 
proposes  or  offers  to  vote,  as  a  prerequisite  to  his  right  to  vote  therein. 
This  clearly  appears  from  a  consideration  of  all  the  provisions  of 
the  statutes,  and  such  has  heen  their  practical  construction.  State 
V.  Weaver,  14  Gates,  198,  206,  207  (headnote  4). 

130.  [12 1 8].  Certified  copy  of  registration  list,  if  more 
than  one  voting  precinct;  compensation. — In  districts  or  wards 
having  more  than  one  voting  place,  the  registrars  of  such 
district  or  ward  shall  furnish  to  the  judges  of  election  at  such 
additional  voting  place  a  certified  copy  of  the  registration  list, 
or  books^  of  such  district  or  ward,  and  said  judges  shall  per- 
form the  duties  of  registrars  on  the  day  of  election  as  pro- 
vided in  the  preceding  section ;  such  list  shall  be  filed  with 
the  election  returns,  and  made  a  part  thereof.  In  checking  off 
the  name  of  the  voter,  and  after  he  has  voted,  the  registrars 
or  judges  shall  write  opposite  the  name  of  the  voter  the  word 
"voted,"  and  the  number  of  his  vote.    Said  registrars  shall  be 


Kegistration  of  Voters  67 

entitled  to  fifty  cents  each  for  said  certified  copy  of  list  of 
voters.     (lb.)     See  sees.  121,  129,  168. 

No  statutory  penalty  for  commissioner's  charge  for  certifide  list 
furnished  to  a  candidate,  in  excess  of  fee  allowed  registrars,  because 
commissioner's  fee  is  not  fixed  by  law. — Under  Acts  1889,  ch.  207, 
aec.  17,  which,  on  the  point  involved,  is  substantially  the  same  as  the 
statute  compiled  in  this  section,  it  was  held  that  one  of  the  commis- 
sioners might  charge  a  candidate  for  certified  list  of  the  registered 
voters  more  than  the  amount  allowed  by  law  to  the  registrars  for 
such  list  to  be  furnished  by  them  to  the  commissioners,  without 
subjecting  himself  to  the  penalty  for  demanding  or  receiving  any 
other  or  higher  fees  than  those  prescribed  by  law. 

This  decision  was  based  upon  the  ground  that  the  law  had  not 
fixed  or  prescribed  a  fee  for  such  service,  nor  imposed  any  duty  upon 
the  commissioner  to  furnish  such  copies  to  candidates  or  any  one 
else,  and  that  section  6353  does  not  apply  where  the  law  has  not 
fixed  or  prescribed  any  fee  for  the  service.  Garvin  v.  Glisson,  6 
Pickle,  207. 

131.     [1219].     Death  and  removal  of  voters  to  be  noted. — 

The  registrars  shall  note  the  fact  of  the  death  and  removal  of 
voters  upon  the  books  of  their  wards  and  districts  when  facts 
are  made  satisfactory  to  appear.     (1895,  ex.  ses.,  ch.  3,  sec.  8.) 

1.  Registration  laws  enacted,  repealed,  amended,  modified,  and 
remaining  in  force  since  1889. — Acts  1889,  ch.  207,  repealed  by  Acts 
1890,  1st  ex.  ses.,  ch.  25,  sec,  18;  Acts  1890,  1st  ex.  ses.,  ch.  25,  amended 
by  Acts  1891,  chs.  7,  223,  and  224;  Acts  1891,  ch.  223,  repealed  by 
Acts  1891,  ex.  ses.,  ch.  12,  sec.  2,  and  by  the  first  section  of  the 
same  act,  it  is  again  reenarted  word  for  word,  with  the  single  ex- 
ception of  the  omission  of  the  word  "votings  before  the  word  "popu- 
lation;" Acts  1891,  ch.  224,  amended  by  Acts  1897»  chs.  15  and  16; 
Acts  1899,  ch,  378,  modified  by  Acts  1907,  ch.  436,  sec.  19;  Acts  1901, 
ch.  147;  Acts  1903,  ch.  536;  1919,  ch.  71;  1920.  ch.  12  (temporary). 

2.  Election  laws  are  not  applicable  where  they  become  effective 
too  late  to  be  put  in  operation. — The  registration  laws  are  not  appli- 
cable where  the  registration  cannot  be  made  under  the  law,  within 
the  limited  period  allowed  by  statute  for  holding  the  election.  Davis 
V.  Rogersville,  23  Pickle,  588;  Lindsey  v.  Allen,  4  Gates,  648;  Weil 
V.  Newbem,  18  Gates,  250.  An  election  statute,  putting  the  ballot 
or  Dortch  law  in  operation  in  a  certain  county,  enacted  too  late  for 
its  machinery  to  be  put  in  operaion,  does  not  apply  to  that  particular 
election.  Lindsay  v.  Allen,  4  Gates,  637,  647,  648  (headnote  6); 
Weil  V.  Newbem,  18  Gates,  250.  An  election  held  before  a  law  be- 
comes operative  by  the  appointment  of  commissioners  of  elections 
thereunder  must  be  held  under  the  prior  law.  Weil  v.  Newbern, 
18  Gates,  223,  247,  250  (headnote  6). 

3.  Registration  authorized  when  it  was  omitted;  temporary 
statute. — By  Acts  1920,  ex.  ses.,  ch.  12,  where  the  last  general  regis- 
tration of  voters  required  by  law  to  be  held  preceding  the  year  1920 
was  omitted,  provision  is  made  for  the  three  day  supplemental  reg' 
istration  prescribed  in  section   109  of  this  compilation;    hut  this  is 


58  Election  Laws  op  Tennessee 

only  a  temporary  statute  applicable  alone  to  the  specified  omission. 
—Ed. 

132.  Absent  voters  may  be  registered  upon  sworn  state- 
ment, when. — Any  qualified  voter  who  is  compelled,  on  ac- 
count of  the  trade  or  occupation  in  which  he  is  engaged,  to 
be  absent  from  his  home  at  the  time  voters  are  required 
under  the  laws  of  Tennessee  to  register  in  order  to  qualify 
them  to  vote,  may  register  by  sending  by  registered  mail  to 
the  chairman  or  secretary  of  the  county  board  of  election 
commissions  [commissioners]  for  said  county,  and  said  chair- 
man or  secretary  shall  file  said  sworn  statement,  with  the 
officer  holding  such  registration,  before  the  expiration  of  the 
time  during  which  said  registration  is  authorized  by  law  to  be 
held. 

A  sworn  statement  that  on  all  the  days  during  which 
said  registration  is  authorized  by  law  to  be  held,  said  regis- 
trant was  compelled  by  reason  of  his  trade  or  occupation  to 
be  absent  from  his  home. 

Said  statement  shall  also  recite  that  the  person  so  desiring 
to  register  is  entitled  to  be  registered  in  said  precinct,  ward, 
or  district. 

Said  sworn  statement  shall  give  the  place  of  residence  of 
such  absent  voter,  his  occupation,  his  age,  race,  whether  mar- 
ried or  single,  and  the  time  of  his  residence  in  the  State  of 
Tennessee,  and  the  county  and  city  or  town,  and  ward  or  dis- 
trict in  which  he  resides.     (1919,  ch.  71,  sec.  i.) 

133.  Registration  of  absent  voter  must  show  such,  and 
50  must  certificate  of  registration. — On  the  receipt  of  the 
sworn  statement  made  out  as  required  in  the  preceding  sec- 
tion, it  shall  be  the  duty  of  the  officers  holding  the  registration 
in  the  precinct,  ward,  or  district  in  which  such  absent  voter 
desires  to  be  registered,  to  enroll  the  name  of  said  voter  on 
the  list  of  registered  voters  and  issue  to  him  a  certificate  of 
registration  similar  to  the  certificate  issued  to  other  regis- 
tered voters,  and  which  certificate  shall  recite  on  its  face  that 
it  was  issued  to  a  voter  to  be  absent  on  account  of  his  trade  or 
business.  Such  registered  list  of  voters  shall  also  show  that 
said  voter  was  registered  as  an  absent  voter.  (1919,  ch.  71, 
sec.  2.) 

134.  Sworn  statement  must  be  actually  received  during 
registration  period. — ^The  sworn  statement  referred  to  in 
section  132  shall  be  actually  received  by  the  officers  holding 
said  registration  before  the  expiration  of  the  time  during 
which  said  registration  is  authorized  by  law  to  be  held,  and  no 


Payment  op  Poll  Tax  Before  Voting  59 

certificate  of  registration  shall  be  issued  by  said  officers  hold- 
ing said  registration  if  the  sworn  statement  referred  to  in 
section  132  has  been  received  after  the  time  of  the  closing 
of  said  registration.     (1919,  ch.  71,  sec.  3.) 

135.  Certificate  of  registration  to  be  mailed  to  absent 
voter  to  his  residence;  sworn  statements. — The  certificate  of 
registration  issued  in  conformity  with  the  provisions  of  sec- 
tions 132  to  134  shall  be  mailed  by  the  officers  holding  said 
registration  to  the  place  of  residence  of  said  absent  regis- 
trant as  given  in  the  sworn  statement  herein  above  referred 
to.  All  such  sworn  statements  shall  be  carefully  preserved 
by  the  officers  holding  said  registration.     (lb.) 

136.  Misdemeanor  to  register  or  attempt  to  do  so,  when 
not  qualified  to  do  so. — If  any  person  registers  or  attempts  to 
register  under  the  provisions  of  sections  130  to  133,  when  he 
is  not  sualified  to  do  so,  he  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  punished  as  provided  by  existing  law  for  false  or 
fraudulent  registration.     (1919,  ch.  71,  sec.  4.) 

Voting  by  absent  voters  is  provided  for  in  sections  227  to  252, 
both  In  general  and  primary  elections. — Ed. 


CHAPTER  10. 

PAYMENT  OF  POLL  TAX  IS  CONDITION  PRECEDENT 

TO  VOTING. 

137.  [1220].  Payment  of  poll  tax  is  required  sixty  days 
before  voting;  satisfactory  evidence  of. — Every  person,  in- 
cluding both  men  and  women,  in  this  state,  who  is  otherwise 
a  quahfied  voter  under  the  constitution  and  laws,  shall,  as  a 
condition  precedent  to  the  exercise  of  voting,  furnish  to  the 
judges  of  election  satisfactory  evidence  that  he  or  she  has 
paid  the  poll  tax,  if  any,  assessed  against  him  or  her  for  the 
year  next  preceding  the  election  not  later  than  sixty  days 
prior  to  the  day  of  election,  without  which  his  or  her  vote 
shall  not  be  received ;  provided,  if  any  voter  has  been  wrong- 
fully assessed  for  such  poll  tax,  this  chapter  shall  not  apply 
to  him.  (1890,  1st  ex.  ses.,  ch.  26;  1915,  ch.  179,  sec.  i ;  1921, 
chs.  109,  no.)     See  Acts  1919,  ch.  139. 

1.  Payment  of  poll  tax  thirty  days  before  election  is  required 
In  certain  counties.— By  Acts  1915  (Private),  ch.  247,  the  payment 
of  the  state  and  county  poll  taxes  for  the  year  next  preceding  the 
election  Is  required  to  he  made  not  less  than  thirty  days  hefore  the 
date  of  said  election,  as  a  condition  precedent  to  voting  therein,  in 
all  counties  having  a  population  of  not  less  than  13640  nor  more  than 


60  Election  Laws  op  Tennessee 

13660,  under  the  federal  census  of  1910  or  any  subsequent  federal 
census.  Under  the  federal  census  of  1910,  said  act  applies  in  Ham- 
blen county  alone.  The  exception  made  In  section  138  is  not  contained 
in  this  special  act. — Ed. 

2.  Women  are  not  required  to  pay  poll  taxes  for  the  year  1919 
as  a  qualification  for  voting  in  the  year  1920.  because  our  consti- 
tutional  provision  (article  4,  section  1)  does  not  reach  women  voters 
desiring  to  vote  under  the  suffrage  privilege  granted  to  them  by 
amendment  of  the  federal  constitution  after  January  10,  1919,  when 
poll  taxes  were  assessable  under  statutes  (Shannon's  Code,  sections 
686,  771,  and  774),  against  those  subject  to  them.  State,  ex.  rel.,  v. 
Bell,  16  Thomp.,  133. 

138.  [i22oai].  Required  payment  of  poll  tax  sixty  days 
before  election  does  not  apply  to  voter  absent  from  state, 
when. — The  required  payment  of  the  poll  tax  sixty  days  before 
the  election  shall  not  apply  to  any  citizen  of  the  state  who 
is  a  qualified  voter,  who  was  absent  from  the  state,  in  the 
service  of  the  government  or  beyond  the  seas,  at  the  date 
when  said  poll  tax  is  required  to  be  paid  by  the  terms  of  the 
preceding  section,  provided  said  voter,  returning  after  said 
sixty  day  limit,  shall  be  entitled  to  vote,  if  he  furnish  the 
judges  of  the  election  satisfactory  evidence  of  his  absence 
and  that  said  tax  was  paid,  [out]  of  the  elector's  own  means. 
(T915,  ch.  179,  sec.  2.) 

139.  [1221].  Satisfactory  evidence  of  payment  of  poll 
tax  consists  of  what. — The  satisfactory  evidence  to  be  fur- 
nished by  the  voter  to  the  judges  of  the  election,  whether 
general  or  special,  whether  national,  state,  county,  or  muni- 
cipal, that  he  has  paid  the  poll  tax  contemplated  by  the  con- 
stitution, assessed  against  him,  if  any,  for  the  year  next  pre- 
ceding said  election,  shall  consist  of  the  original  poll  tax 
receipt,  or  a  duly  certified  duplicate  and  copy  of  same,  or 
the  duly  authenticated  certificate  set  out  in  section  153,  when 
said  tax  has  been  paid  to  a  constable  and  not  to  said  trustee, 
properly  certified  by  the  trustee,  or  shall  make  affidavit  in 
writing,  and  signed  by  the  voter,  that  he  has  paid  his  poll  tax, 
and  that  his  receipt  is  lost  or  misplaced,  which  affidavit  shall 
be  filed  with  the  said  judges  and  by  them  attached  and  made 
an  exhibit  to  the  returns  of  said  election.  (1891,  ch.  222,  sec. 
I ;  1891,  ex.  ses.,  ch.  23,  sec.  i.) 

140.  [i22iai].  Satisfactory  evidence  of  payment  of  poll 
tax  may  consist  of  what. — The  satisfactory  evidence  of  the 
voter's  payment  of  his  poll  tax  may  consist  of  the  fact  that 
his  name  appears  upon  the  certified  list  of  voters  of  his  voting 
precinct,  which  lists,  as  well  as  one  for  each  and  every  dis~ 


Payment  op  Poll  Tax  Before  Voting  61 

trict  in  the  county,  is  to  be  made  out  and  furnished  by  the 
trustee  or  other  officer  charged  with  such  duties  of  each 
county  of  the  state  to  the  secretary  of  state  and  another  copy 
to  the  chairman  of  the  board  of  election  commissioners  of 
said  counties,  giving  the  name  of  each  voter,  in  their  respec- 
tive districts,  who  has  paid  his  poll  tax,  said  Hsts  to  be  made 
out  and  delivered  to  the  secretary  of  state  and  to  the  chair- 
man of  the  board  of  election  commissioners  of  said  counties 
not  less  than  fifty  days  before  any  general  election.  The 
chairman  of  the  county  board  of  election  commissioners  shall 
deliver  the  list  certified  to  him  by  said  trustee  or  other  officer 
to  the  judge  holding  the  election,  on  or  before  the  opening  of 
the  polls  on  election  day.  (1891,  ch.  222,  sec.  i ;  1899,  ch.  402, 
sec.  i;  1921,  ch.  iii,  sec.  i.) 

141.  [i22ia2].  List  to  be  returned  to  whom;  trustee 
charged  with  polls  on  same. — Said  certified  lists,  as  provided 
for  in  section  140,  shall  be  returned  to  the  chairman  of  the 
board  of  election  commissioners,  and  by  him  returned  with 
the  poll  sheets  of  the  respective  districts  to  the  county  court 
clerk,  which  shall  be  preserved  by  said  clerk  for  a  term  of 
two  years ;  and  the  trustee  shall  be  charged  with  the  poll  tax 
of  each  person  whose  name  appears  on  said  certified  lists. 
(1899,  ch.  402,  sec.  2.) 

142.  [i22ia3].  Trustee's  failure  to  make  lists  is  a  mis- 
demeanor; fine. — It  shall  be  a  misdemeanor  for  the  trustee 
to  fail  or  refuse  to  make  out  said  lists  as  provided  in  section 
140,  and  upon  conviction,  he  shall  be  fined  not  less  than  two 
hundred  nor  more  than  five  hundred  dollars.  (1899,  ch.  402, 
sec.  3.) 

143.  Secretary  of  state  to  notify  attorney-general  of  fail- 
ures to  file  certified  poll  tax  lists;   ouster  proceedings. — It 

shall  be  the  duty  of  the  secretary  of  state  to  notify  the  attor- 
ney-general of  the  state  what  trustees  or  other  officers  have 
failed  to  file  said  certified  poll  tax  lists  as  required  in  this 
chapter,  and  on  receiving  said  notification,  it  shall  be  the  duty 
of  the  attorney-general  of  the  state  to  immediately  proceed 
with  ouster  proceedings  against  such  trustee  or  other  officer 
as  provided  by  existing  law.     (1921,  ch.  iii,  sec.  2.) 

144.  [i22ia4].  Failure  of  chairman  of  election  commis- 
sioners to  deliver  list  to  election  judges  is  a  misdemeanor; 
fine. — It  shall  be  a  misdemeanor  for  the  chairman  of  the  board 
of  election  commissioners  to  fail  or  refuse  to  deliver  said  lists 
to  the  judges  of  the  election,  as  provided  for  in  section  140, 


62  Election  Laws  op  Tennessee 

and  upon  conviction  he  shall  be  fined  not  less  than  two  hun- 
dred nor  more  than  five  hundred  dollars.  (1899,  ^^'  4^2» 
sec.  4.) 

145.  [i22ia5].  Trustee's  compensation;  oath  to  list;  how 
paid. — The  trustee  shall  be  entitled  to^  receive  ten  cents  for 
every  one  hundred  names  in  making  out  said  lists.  Said  lists 
to  be  sworn  to  by  the  trustee  before  any  officer  authorized 
to  administer  an  oath,  to  be  paid  as  the  compensation  of 
judges  and  clerks  of  election  are  paid.     (1899,  ch.  402,  sec.  5.) 

Question  as  to  constitutionality  of  the  act  compiled  in  sections 
140-144. — If  said  act  could  be  treated  as  an  amendment  of  Acts  1890, 
1st  ex.  ses.,  ch..  26,  there  could  be  no  question  as  to  its  constitution- 
ality, so  far  as  its  recital  of  the  title  of  the  act  sought  to  be  amended 
is  concerned;  for  it  expressly  redites  the  title  of  said  former  act  so 
sought  to  be  amended.  But  if  said  act  is  to  be  treated  as  an  amend- 
ment to  Acts  1891,  ch.  222,  then  its  constitutionality  is  seriously 
doubted.  The  reference  to  Acts  1891,  ch.  222,  made  in  the  title  of 
said  amendatory  act  might  be  treated  as  surplusage,  if  the  body  of 
the  act  could  be  treated  as  amending  said  Acts  1890,  1st  ex.  ses., 
ch.  26,  but  the  body  of  said  amendatory  act  does  not  purport  to 
amend  the  said  act  of  1890,  but  expressly  undertakes  to  amend 
said  intermediate  amendatory  Acts  1891,  ch.  222,  with  language 
to  be  so  arranged  and  interwoven  in  juxtaposition  with  the  lan- 
guage of  said  intermediate  amendatory  act  that  the  amendment 
would  be  unintelligible,  when  placed  out  of  connection  with  the  said 
intermediate  amendatory  act  and  placed  in  connection  with  the 
said  former  act  jof  1890.  So,  treating  said  Acts  1899,  ch.  4^2,  as  an 
amendment  of  Acts  1891,  ch.  222,  it  is  considered  to  be  unconstitu- 
tional, for  the  reason  that  it  does  not  recite  the  title,  substance,  or 
subject  of  the  said  intermediate  amendatory  Acts  1891,  ch.  222,  but 
only  refers  to  it  by  its  chapter  number  and  the  year  of  its  enactment, 
which  is  clearly  insufficient  under  the  constitution  (art.  2,  sec.  17, 
p.  217),  and  note  86,  p.  249.  Mr.  Shannon  treated  said  statute  as 
probably  constitutional,  in  a  note  on  pages  227  and  228  of  his  Code 
Supplement  of  1904;  but  in  his  new  Code,  the  conclusion  was  reached 
that  said  act  wag  probably  unconstitutional,  for  the  reasons  here- 
inbefore stated.  However,  since  said  act  has  been  treated  as  con- 
stitutional by  the  administrative  election  officers  of  the  state,  it 
is  compiled  in  thn  above  sections. — Ed. 

146.  [1222].  Loss  of  poll  tax  receipt,  and  affidavit  as  to; 
form  prescribed. — In  case  the  voter  has  lost  or  mislaid  his 
poll  tax  receipt,  and  seeks  to  cast  his  vote  on  an  affidavit 
being  made  of  such  loss  or  mislaying  as  aforesaid,  the  follow- 
ing shall  be  the  formula : 

"State  of  Tennessee, County — ss.     I, , 

of  precinct  [or  v^ard]  No ,  in  said  county  of , 

state  aforesaid,  do  solemnly  swear  [or  affirm]  that  I  paid  my 

poll  tax  on  or  about  the   day  of ,  192.  .,  to 

one ,  the  county  trustee  of  county, 


Payment  op  Poll  Tax  Before  Voting  63 

for  the  year  192.  .,  and  took  his  receipt  therefor,  and  that  the 
same  has  been  unintentially  lost  or  mislaid. 

(Signed) " 

(1891,  ex.  ses.,  ch.  23,  sec.  2.) 

147.  [1223].  Judges  of  election  to  administer  oath;  per- 
jury  to  swear  falsely. — And  any  one  of  the  judges  of  said 
election  is  hereby  authorized  and  empowered  to  administer 
said  oath ;  and  any  voter  swearing  falsely  in  said  affidavit  is 
thereby  guilty  of  perjury,  and,  on  indictment  and  convicton, 
shall  be  subject  to  all  the  pains  and  penalties  thereof.     (lb.) 

Affidavit  must  be  before  judge  of  election. — The  affidavit  must  be 
made  before  one  of  the  judges  of  the  election.  An  affidavit  made 
before  a  justice  of  the  peace,  not  one  of  such  judges,  is  a  nullity;  and, 
if  false,  the  affiant  is  not  guilty  of  perjury.  State,  v.  Bayless,  MS., 
Jackson,   1895. 

148.  [1224].     Trustee  to  issue  duplicate  receipt,  when. — • 

It  shall  be  the  duty  of  the  trustee,  in  case  any  legal  voter 
has  lost  or  mislaid  his  poll  tax  receipt  heretofore  issued,  and 
who  shall  apply  for  a  duplicate  and  copy  thereof,  to  issue  the 
same.  Said  duplicate  shall  be  an  exact  copy  of  the  original 
lost  or  mislaid,  and  upon  the  back  of  which  said  trustee  shall 
make  the  following  certificate: 

"State  of  Tennessee, County — ss.     I, , 

trustee  of  said  county,  do  hereby  certify  that  the  within  re- 
ceipt is  a  full  and  true  copy  of  the  original  poll  tax  receipt 

heretofore  issued  to ,  on  the day  of 

,..192... 

"Witness  my  hand,  at  office,  this day  of , 

192. .. 

"(Signed) ,  Trustee 

of  said  county."     (1891,  ex.  ses.,  ch.  23,  sec.  3.) 

149.  [1225].  Poll  tax  for  year  preceding  election  is  con- 
templated, whether  actually  assessed  or  not. — The  words 
^'assessed  againt  him,"  occurring  in  sections  137  and  139,  are 
hereby  made  to  contemplate  and  mean  the  poll  tax  due  by  the 
voter  for  the  year  next  preceding  the  election  in  which  the 
vote  is  to  be  cast,  and  to  which  he  is  made  subject  under  the 
revenue  laws  of  the  state,  whether  the  name  of  the  voter 
appears  on  the  books  of  his  county  trustee  or  not.  (1891,  ch. 
222,  sec.  2;  1891,  ex.  ses.,  ch.  23,  sec.  4.) 

150.  [1226].  Misdemeanor  in  voter  and  election  judge 
for  noncompliance;  fine  and  imprisonment. — Any  person 
voting,  or  any  judge  of  any  election  permitting,  knowingly, 


64  Election  Laws  op  Tennessee 

any  person  to  vote  in  the  same  without  first  having  complied 
with  the  provisions  of  sections  127  and  129,  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  not 
less  than  fifty  dollars  and  imprisoned  in  the  county  jail  or 
workhouse  ninety  days.  (1891,  ch.  222,  sec.  3;  1891,  ex.  ses., 
ch.  23,  sec.  5.) 

151.  [1227].  Misdemeanor  to  issue  blank  or  bogus  poll 
tax  receipts,  or  to  falsely  certify  one,  or  to  refuse  copy  of 
receipt;  punishment  and  pensJty. — Any  trustee  or  his  deputy 
who  shall  issue  any  blank  or  bogus  receipt  for  the  poll  tax 
hereinbefore  alluded  to,  or  make  a  false  certificate  on  any 
duplicate  receipt,  shall,  for  every  such  blank  or  bogus  receipt 
issued  as  aforesaid,  or  false  certificate  made,  be  thereby  guilty 
of  a  misdemeanor,  and,  on  conviction,  fined  fifty  dollars,  im- 
prisoned in  the  jail  or  workhouse  of  his  county  ninety  days, 
and  disqualified  for  election  or  reelection ;  and  any  trustee 
refusing  to  give  a  duplicate  copy  of  the  poll  tax  receipt  lost 
or  mislaid  as  aforesaid,  shall  likewise  be  guilty  of  a  misde- 
meanor and  punished  as  in  case  of  issuing  blank  or  bogus 
receipts  as  aforesaid.     (1891,  ex.  ses.,  ch.  23,  sec.  6.) 

152.  [1228].  Grand  juries  to  inquire  and  judges  to  give 
in  charge. — The  grand  juries  of  this  state  are  hereby  given  in- 
quisitorial powers  of  offenses,  committed  under  this  chapter, 
and  the  several  circuit  and  criminal  judges  are  required  to  give 
this  chapter  specially  in  charge,  on  the  organization  of  each 
grand  jury  in  their  respective  courts.    (Id.,  sec.  7.) 

153.  [1229].  Trustee's  certificate  of  payment  of  poll  tax 
to  constable. — When  any  such  poll  tax  shall  have  been  paid  to 
the  constable,  and  not  to  the  trustee,  said  trustee,  in  giving  to 
the  voter  the  like  certificate  of  payment  as  contemplated  in 
section  148,  instead  of  issuing  to  said  applicant  a  copy  of  said 
receipt,  shall  issue  the  following  certificate : 

"State  of  Tennessee, County — ss.     I, , 

trustee   of  said  county,  do  hereby  certify  that  the  records 

now  on  file  in  my  office  show  that  the  poll  tax  due  by 

for  the  year  192. .,  was  collected  from  said. . . . 

by  and  paid  to ,  my  legal  deputy 

and  collector  and  constable  [as  the  case  may  be],  on  or  about 

the day  of ,  192.  . .,  the  original  receipt  given 

said   by  said  deputy  and  constable  having 

been  lost. 

**Witncss  my  hand  at  office,  this day  of ,  192. .. 

'' ,  Trustee."     (Id.,  sec.  8.) 


Ballot  and  Manner  op  Voting  65 

154.  [1230].  Misdemeanor  to  issue  bogus  or  fales  cer^ 
tificate,  to  vote  on  same,  or  (or  any  election  judge  to  permit 
such  voting;  punishment. — The  issuance  of  any  bogus  or  false 
certificate  in  the  preceding  section  required  shall  be  punished 
as  required  by  section  151 ;  and  any  person  voting  on  any  such 
bogus  or  false  certificate,  or  any  judge  knowingly  permitting 
any  such  person  to  vote  on  such  certificate,  shall  be  punished 
as  in  section   138.     (lb.) 

1.  Actual  payment  of  poll  tax  does  not  protect  the  voter  failing 
to  produce  the  statutory  proof  of  payment. — See  Const.,  p.  377, 
note  19. 

2.  Legislative  power  and  duty  to  define  and  declare  what  shall 
be  "satisfactory  evidence"  of  payment  of  poll  taxes,  in  elections.— 
See  Const.,  p.  377,  note,  20. 


CHAPTER  11. 

BALLOT  AND  MANNER  OF  VOTING  UNDER  THE 
DORTCH  BALLOT  LAW. 

155.     [1231].     Ballots   printed   and   distributed  at   public 
expense  of  counties  and  cities;   certain  terms  defined. — ^AU 

ballots  cast  in  general  elections  for  national,  state,  county, 
municipal,  and  district  officers  in  the  towns,  counties,  and 
civil  districts,  shall  be  printed  and  distributed  at  public  ex- 
pense, as  hereinafter  provided.  The  printing  and  distribution 
of  ballots  and  cards  of  instruction  to  voters  shall,  in  muni- 
cipal elections,  be  paid  by  the  cities,  and  in  all  other  elections 
by  the  counties  in  v^hich  said  elections  are  held,  subject  to 
the  provisions  of  this  chapter.  The  term  "state  elections," 
as  used  in  this  chapter,  shall  apply  to  any  election  held  for 
the  choice  of  national,  state,  county,  or  district  officer  or 
officers,  and  the  term  "state  officer"  shall  apply  to  any  person 
to  be  chosen  at  such  elections.  The  term  "national  elections" 
shall  apply  to  any  elections  held  for  the  purpose  of  choosing  a 
member  of  congress  or  electors  for  president  and  vice  pres- 
ident of  the  United  States.  The  term  "city  election"  shall  apply 
to  any  municipal  election  so  held  in  a  city,  and  the  term  "city 
officer"  shall  apply  to  any  person  to  be  chosen  by  the  qualified 
voters  at  such  an  election.  (1890,  ist  ex.  ses.,  ch.  24,  sec.  i; 
1921,  ch.   117.) 

156.  [1232].  Applicable  to  all  counties,  cities,  towns,  and 
civil  districts. — The  provisions  of  this  chapter  shall  be  appli- 
cable to  all  counties,  cities,  tov^ns,  and  civil  districts  in  the 
State  of  Tennessee,  without  regard  to  population  or  number 


66  Election  Laws  of  Tennessee 

of  inhabitants  thereof.     (1890,  ist  ex.  ses.,  ch.  24,  sec.  2;  1891, 
ch.  225;  1897,  ch.  17;  1921,  ch.  117,  sec.  i.) 

Notes  not  applicable. — Since  the  change  made  in  the  statute  by 
Acts  1921,  ch.  117,  the  voters  under  section  1232  of  Shannon's  Code 
are  not  pertinent;  nor  are  the  local  acts  applicable. — Ed. 

157.  [1233].  Ballots,  provisions  as  to;  names  of  candi- 
dates are  put  on  ballots,  how. — The  ballots  printed  for  use 
under  the  provisions  of  this  chapter  shall  contain  the  names 
of  all  the  candidates  who  have  been  put  in  nomination  by  any 
caucus,  convention,  mass  meeting  or  other  assembly  of  any 
political  party  in  this  state  at  least  ten  days  previous  to  the 
day  of  election.  It  shall  be  the  duty  of  the  chairman  of  the 
board  of  commissioners  to  have  printd  all  necessary  ballots 
for  use  under  the  provisions  of  this  chapter,  and  he  hall  cause 
to  be  printed  upon  said  ballots  the  names  of  candidates  so 
nominated,  upon  the  written  request  of  any  one  of  the  candi- 
dates so  nominated,  or  upon  the  written  request  of  any  quali- 
fied voter  who  will  affirm  that  he  was  a  member  of  said 
caucus,  and  the  name  presented  by  him  was  the  nominee  of 
said  caucus,  convention,  or  mass  meeting,  or  other  assembly 
of  any  such  political  party.  (1890,  ist  ex.  ses.,  ch.  24,  sec.  3.) 

158.  [1234].  Independent  candidates  put  upon  ballot, 
upon  petition,  when. — The  said  officer  shall  cause  to  be  printed 
upon  said  ballots  the  name  of  any  qualified  voter  who  has 
been  requested  to  be  a  candidate  for  any  office,  by  a  written 
petition  signed  by  at  least  fifteen  citizens  qualified  to  vote 
in  the  election  to  fill  said  office,  when  such  petition  has  been 
given  him  at  least  ten  days  previous  to  the  election.     (lb.) 

159.  [1235].  Becoming  candidate  within  ten  days  of  elec- 
tion, provision  as  to  ballot. — If  any  qualified  citizen  has  been 
nominated,  as  above  specified,  within  less  than  ten  days  of 
the  election,  or  has  been  requested  to  be  a  candidate,  as  above 
specified,  then  said  names  shall  not  be  printed  upon  said 
tickets.  But,  in  addition  to  the  names  printed  upon  said 
tickets,  there  shall  be  at  least  one  blank  space  under  each 
office  to  be  voted  for,  and  the  candidate  nominated  or  who 
desires  to  run  of  his  own  volition,  may  have  a  separate  ticket 
printed,  upon  which  the  title  of  the  office  for  which  he  is  a 
candidate  and  his  own  name  and  address  shall  be  printed; 
and  said  candidate  may  give  these  to  the  officer  or  officers 
distributing  ballots  upon  the  day  of  election,  and  said  officer 
shall  give  to  each  voter,  in  addition  to  the  printed  ticket,  as 
hereinafter  specified,  a  copy  of  said  ticket.  The  voters  re- 
ceiving said  ticket  shall  not  vote  it,  but  may  consult  it  to 


Ballot  and  Manner  of  Voting  67 

enable  him  to  write  upon  the  ticket  printed  at  public  expense 
the  name  of  such  candidate,  should  he  so  desire,  and  designate 
the  same  by  mark,  as  hereinbefore  prescribed.     (lb.) 

160.  [1236].     Voter  unable   to  write,  provision  as   to. — 

But  if  said  voter  cannot  write,  he  may  receive  from  the  officer 
holding  the  election  a  slip  upon  which  the  name  of  the  can- 
didate to  be  voted  for  is  printed,  and  such  shp  shall  be  pasted 
in  the  appropriate  blank  space  by  the  voter.  The  candidate 
to  be  voted  for  shall  furnish  the  officer  holding  the  election 
with  said  slips.     (lb.)     See  sec.  179,  and  notes. 

161.  [1237].  Name  of  candidate  may  be  withdrawn, 
bow. — After  the  proper  officer  has  been  notified  of  the  nom- 
ination, as  hereinbefore  specified,  of  any  candidate  for  any 
office,  he  shall  not  withdraw  same,  unless  upon  the  written 
request  of  the  candidate  so  nominated,  made  at  least  ten  days 
before  the  day  of  election.    (1890,  ist  ex.  ses.,  ch.  24,  sec.  4.) 

162.  [1238].  What  ballots  shall  contain;  arrangement; 
size. — Every  general  ballot  which  shall  be  printed  in  accord- 
ance with  the  provisions  of  this  chapter  shall  contain  the 
names  of  all  candidates  nominated  as  hereinbefore  specified, 
and  not  withdrawn  as  hereinbefore  specified.  The  names  of 
all  candidates  for  the  same  office  shall  be  printed  together, 
and  arranged  alphabetically,  according  to  the  initials  of  their 
surnames,  irrespective  of  party.  But  the  order  in  which  the 
title  of  the  various  offices  to  be  filled  shall  be  arranged  upon 
each  separate  ticket  or  ballot  shall  be  left  to  the  will  of  the 
officer  or  officers  charged  with  the  printing  of  said  tickets. 
The  names  of  presidential  electors  shall  be  arranged  in  groups, 
according  to  political  parties,  and  preceded  by  the  words 
''Electors  for  [giving  the  name]  candidate  for  president  and 
for  [giving  the  name]  candidate  for  vice  j)resident."  When- 
ever the  question  of  a  constitutional  amendment  or  other 
question  is  so  submitted  to  the  vote  of  the  people,  such  ques- 
tions shall  be  printed  upon  the  ballot  after  the  list  of  candi- 
dates, followed  by  the  words  "Yes"  and  "No,"  so  that  the 
voter  can  intelligently  vote  his  preference  by  making  a  cross 
mark  (X)  opposite  the  proper  word.  Immediately  following 
the  title  of  each  officer  shall  be  printed  the  words  *'Vote  for 
one,"  "Vote  for  two,"  according  to  the  number  to  be  elected. 
The  ballot  shall  not  be  less  than  eleven  nor  more  than  thirteen 
inches  wide.  On  the  back  and  outside,  when  folded,  shall  be 
printed,  "Official  ballot  for,"  followed  by  the  designation  of 
the  polling  place  for  which  the  ballot  is  prepared,  the  date  of 


68  Election  Laws  op  Tennessee 

election,  and  a  facsimile  of  the  signature  of  the  officer  or 
officers  charged  with  the  printing  of  the  ballots.  (1890,  ist 
ex.  ses.,  ch.  24,  sec.  5;  1889,  ch.  218,  as  amended  by  1890,  ist 
ex.  ses.,  ch.  23,  repealed  by  1891,  ch.  161.) 

163.  [1239].  Ballots  fastened  together  in  books  or 
blocks  with  stubs. — All  ballots  for  use  in  each  ward  or  civil 
district  shall  be  fastened  together  in  convenient  numbers  in 
books  or  blocks,  in  such  a  manner  that  each  ballot  may  be 
detached  and  removed  separately.  Each  ballot  shall  have 
attached  to  it  a  stub  of  sufficient  size  to  enable  the  registrar 
to  write  a  number  thereon,  and  so  attached  to  the  ballot 
that  when  the  same  is  folded  the  stub  can  be  detached  there- 
from without  injury  to  the  ballot  or  exposing  the  contents 

thereof.     There  shall  be  printed  on  the  stub  "No " 

A  record  of  the  number  of  ballots  printed  and  furnished  to 
each  polling  place  shall  be  kept  and  presented  to  the  proper 
authorities  for  payment  by  the  officer  or  officers  in  each 
county  charged  with  the  printing  of  ballots.  (1890,  ist  ex. 
ses.,  ch.  24,  sec.  6.) 

164.  [1240].  Number  of  ballots  to  be  furnished  polling 
places. — There  shall  be  provided  for  each  voting  place  at 
which  an  election  is  to  be  held,  such  a  number  of  ballots  that 
there  shall  be  at  least  fifty-five  for  every  fifty  registered 
voters  at  said  polling  place.  Every  civil  district  or  ward 
shall  have  the  same  number  of  polling  places  as  are  now  or 
may  hereafter  be  provided  by  law.  Where  there  are  two  or 
more  polling  places  in  any  one  civil  district  or  ward,  a  quaU- 
fied  voter  of  said  ward  or  district  may  vote  at  the  one  he 
prefers.  The  commissioners  of  elections  shall  take  notice, 
or  shall  notify  the  officer  charged  with  the  printing  of  ballots, 
of  the  number  of  registered  voters  in  each  ward  and  civil 
district,  at  least  twelve  days  before  the  day  of  election. 
(1890,  1st  ex.  ses.,  ch.  24,  sec.  7;  1907,  ch.  436,  sec.  19; 
1921,  ch.  117;  1921,  Private,  ch.  550.)     See  sec.  loi. 

165.  [1241].  Instructions  as  to  voting. — The  commis- 
sioners of  elections  shall,  in  addition  to  the  ballots,  prepare 
full  instructions  for  the  guidance  of  voters  at  such  elections, 
as  to  obtaining  ballots,  as  to  the  manner  of  marking  them,  and 
the  method  of  gaining  assistance,  and  as  to  obtaining  new 
ballots  in  place  of  those  accidentally  spoiled;  and  they  shall 
respectively  cause  the  same  to  be  printed  in  large,  clear  type, 
on   separate   cards,  to  be  called  "cards   of   instruction,"  and 


Ballot  and  Manner  of  Voting  69 

they  shall  respectively  furnish  the  same  and  the  ballots  for  use 
in  each  such  election.    (1890,  ist  ex.  ses.,  ch.  24,  sec.  8.) 

166.  [1242] .  Distribution  of  ballots  and  cards  of  instruc- 
tion; two  registrars  at  each  polling  place,  and  assistants.^ 

The  commissioners  of  elections  shall  deHver  to  one  of  the 
registrars  in,  each  ward  and  civil  district  or  voting  precinct 
the  proper  number  of  ballots  and  cards  of  instruction,  as  re- 
quired by  the  provisions  of  this  chapter,  on  or  before  the  day 
of  election.  Where  there  are  two  or  more  voting  places  in 
any  one  ward  or  civil  district,  the  commissioners  of  elections, 
in  addition  to- the  two  registrars  for  each  ward  or  civil  dis- 
trict, shall  appoint  additional  registrars,  so  that  there  shall 
be  two  registrars  at  each  voting  place.  In  addition  to  the 
registrars  appointed  herein,  the  commissioners  of  elections 
shall  appoint  for  every  polling  place  one  assistant  registrar, 
who  shall  serve  for  the  day  of  election  only,  and  that  without 
compensation,  and  take  the  oath  prescribed  for  registrars 
herein.    (1890,  ist  ex.  ses.,  ch.  24,  sec.  9;  1907,  ch.  436,  sec.  19.) 

167.  [1243].  Destroyed  or  stolen  ballots,  how  replaced; 
report  as  to. — In  case  the  ballots  to  be  furnished  to  any  ward 
or  civil  district,  in  accordance  with  the  provisions  of  this 
chapter,  shall  fail,  for  any  reason,  to  be  duly  delivered,  or,  in 
case,  after  deHvery,  they  shall  be  destroyed  or  stolen,  it  shall 
be  the  duty  of  the  registrars  in  said  ward  or  civil  district  to 
cause  other  ballots  to  be  prepared  substantially  in  the  form 
of  the  ballots  so  wanting  and  to  be  furnished;  and,  if  there 
is  not  time  to  prepare  said  ballots,  substantially  in  the  form 
required  by  the  provisions  of  this  chapter,  then  the  regis- 
trars may  have  printed  plain  white  tickets  of  the  most  con- 
venient size,  containing  the  names  of  the  candidates  as  re- 
quired by  law,  which  shall  be  voted  in  the  same  manner  and 
under  the  same  restrictions  as  the  tickets  herein  provided  for. 
Within  three  days  after  the  close  of  the  polls  on  election  days, 
the  registrars  having  furnished  such  tickets  shall  make  a 
written  report  of  the  whole  circumstances  of  the  loss  of  the 
tickets  and  the  printing  of  the  others,  under  oath,  to  the 
commissioners  of  elections,  who  shall  make  such  indorse- 
ments as  they  see  fit,  and  transmit  the  same  to  the  grand 
jury  of  the  court.  (1890,  ist  ex.  ses.,  ch.  24,  sec.  10;  1907,  ch. 
436,  sec.  19.) 

168.  [1244].  Registrars,  duties  of;  compensation;  fail- 
ure to  serve;  oath;  list  of  voters  given  judges. — In  addition  to 
the  duties  required  in  the  registration  of  voters,  the  registrars 
of  election  shall  be  compelled  to  distribute  the  tickets  pro- 


70  Election  Laws  of  Tennessee 

vided  at  public  expense,  and  such  other  duties  as  are  pro- 
vided for  herein;  and  each  registrar  shall  receive  for  the 
distribution  of  tickets  on  election  day  the  sum  of  one  dollar. 
If  any  registrar  fails  or  refuses  to  serve  as  herein  provided, 
the  officer  holding  the  election  shall  swear  in  a  bystander  of 
the  same  political  faith  of  the  registrar  not  serving.  The  fol- 
lowing oath,  at  tne  opening  of  the  polls,  shall  be  administered 
by  the  ofilicer  holding  the  election  to  each  registrar  or  by- 
stander appointed  to  act  as  registrar :  "I  do  solemnly  swear 
that  I  will  administer  the  duties  of  my  office  without  fear  or 
favor,  and  that  I  will  not  attempt  to  guide,  direct,  or  influence 
any  voter  in  the  exercise  of  his  franchise.  So  help  me  God." 
The  bystander  sworn  in  to  act  as  registrar  shall  receive  the 
same  compensation  as  the  registrar  is  entitled  to.  The  regis- 
trar shall  have  charge  of  the  ballots,  and  shall  furnish  them 
to  the  voters,  in  the  manner  hereinafter  set  forth.  A  certi- 
fied list  of  the  qualified  voters  in  each  ward  and  district  in 
which  there  are  more  than  one  voting  place,  shall  be  supplied 
by  the  commissioners  of  elections  to  the  judges  at  each  poll- 
ing place.  (1890,  1st  ex.  ses.,  ch.  24,  sec.  11 ;  1907,  ch.  436,  sec. 
19.)     See  sees.  loi,  121,  129,  130. 

169.  [1245].  Voting  shelves,  arrangement  and  number 
of,  and  provisions  as  to. — The  officer  in  each  county  whose 
duty  it  is  to  hold  the  election  and  appoint  polling  places  there- 
in, as  herein  provided  for,  shall  cause  the  same  to  be  suitably 
provided  with  a  sufficient  number  of  voting  shelves  or  tables, 
at  or  on  which  voters  may  conveniently  mark  their  ballots. 
Each  compartment,  table,  or  shelf  shall  be  so  arranged  that 
it  shall  be  impossible  for  one  voter  at  one  table,  or  in  one 
compartment,  to  see  another  voter,  at  another  table  or  com- 
partment, in  the  act  of  marking  his  ballot.  The  arrangement 
shall  be  such  that  neither  the  ballot  boxes  nor  the  voting 
shelves  or  compartments  shall  be  hidden  from  the  view  of 
the  judges  of  election  or  those  just  outside  a  guard  rail  which 
may  run  in  front  of  the  ballot  box.  The  number  of  such 
voting  shelves,  tables,  or  compartments  shall  not  be  less  than 
three  for  every  one  hundred  voters  qualified  to  vote  at  such 
polling  places.  No  persons  other  than  the  election  officers 
and  voters,  admitted  as  hereinafter  provided,  shall  be  per- 
mitted within  said  rail  or  room  where  the  election  is  held, 
except  by  the  authority  of  the  officer  holding  the  election, 
for  the  purpose  of  keeping  order  and  enforcing  the  law. 
Each  voting  shelf  or  compartment  shall  be  kept  provided  with 


Ballot  and  Manner  of  Voting  71 

proper   supplies   and   conveniences    for    marking  the   ballots. 
(1890,  1st  ex.  ses.,  ch.  24,  sec.  12.) 

170.  [1246].  Regulations  for  voting  at  polling  places; 
ballots  furnished. — The  registrar  having  the  official  ballots 
shall  stand  not  closer  than  ten  feet  to  the  entrance  of  the 
room  in  which  the  ballot  box  is  placed.  A  double  gangway, 
with  rail  guards,  may  run  from  the  point  occupied  by  the 
registrar  to  the  said  entrance,  and  no  one  who  has  already 
voted,  or  who  is  not  ready  or  quahfied  to  vote,  shall  come 
nearer  than  fifty  feet  to  said  rail  guard  or  entrance.  As 
requested  by  each  of  the  voters,  the  registrar  shall  hand  the 
voter  one  official  ballot  and  a  card  of  instructions,  but  so 
that  not  more  voters  than  there  are  voting  compartments 
shall  be  admitted  into  the  room  in  which  are  the  ballot  boxes 
and  the  compartments,  tables,  or  shelves.  (1890,  ist  ex.  ses., 
ch.  24,  sec.  13.) 

171.  [i246ai].  Railway  or  double  gangway  for  approach 
and  retirement  of  voters  in  certain  counties. — The  judges  and 
officers  of  any  and  all  legal  elections  are  hereby  authorized 
and  empowered  to  construct  a  railing  or  double  gangway, 
through  which  voters  may  approach  the  ballot  box  and  retire 
therefrom;  provided,  this  section  shall  only  apply  to  counties 
of  thirty  thousand  inhabitants  or  over,  under  the  federal 
census  of  1900,  or  any  subsequent  federal  census.  (1901,  ch. 
142,  sec.  2.)     See  Code,  sec.  6868a8. 

172.  [1247].  Ballot  and  certificate  of  registration  num- 
bered; information  given  voter,  when. — Upon  receipt  of  his 
ballot,  the  voter  shall  forthwith  enter  the  room  in  which  the 
voting  is  to  take  place,  and  present  to  the  assistant  registrar 
his  blank  ballot  and  certificate  of  registration;  provided,  the 
registrar  shall,  upon  the  demand  of  any  voter  made  at  the 
time  his  ballot  is  handed  to  him,  give  to  such  voter  a  correct 
statement  of  the  order  in  which  the  titles  of  the  various 
offices  to  be  filled  stand  upon  the  particular  ballot  furnished 
to  such  voter.  The  assistant  registrar  shall  then  number  the 
ballot  upon  the  stub  thereof,  and  also  place  upon  the  certifi- 
cate of  registration  the  same  number.  (1890,  1st  ex.  ses.,  ch. 
ch.  24,  sec.  14.) 

173.  [1248].  Marking  ballot  by  voter. — He  shall  then 
go  to  one  of  the  voting  shelves,  tables,  or  compartments  and 
shall  prepare  his  ballot  by  marking  in  the  appropriate  mar- 
gin or  place  a  cross  (X)  opposite  the  name  of  the  candidate 


72  Election  Laws  of  Tennessee 

of  his  choice  for  each  office  to  be  filled,  or  by  filling  in  the 
name  of  the  candidate  of  his  choice  in  the  blank  space  pro- 
vided therefor,  and  marking  a  cross  (X)  opposite  thereto, 
and  likewise  a  cross  opposite  the  answer  he  desires  to  give  in 
case  of  a  constitutional  amendment.  (lb.)  See  notes  under 
sec.  179;  note  i  under  sec.  180. 

Voter  may  designate  choice  of  candidate  by  a  cross  (X)  op  by  a 
•ciieck  mark,  because  the  provision  of  this  sec?tion  is  not  mandatory  in 
the  sense  that  a  voter  who  usesi  a  different  mark,  such  as  a  check 
mark,  will  be  deprived  of  his  vote,  if  it  is  clear  that  the  intention  by 
such  mark  was  to  designate  &uch  candidate  as  the  voter's  choice. 
Menees  \'.  Ewing,  14  Thomp.,  399. 

174.  [1249].  Folding  ballots;  stub  torn  off. — Before 
leaving  the  voting  shelf  or  compartment,  the  voter  shall  fold 
his  ballot,  without  displaying  the  marks  thereon,  but  so  that 
the  words  "Official  ballot  for,"  followed  by  the  designation  of 
the  polling  place  for  which  the  ballot  is  prepared,  the  date  of 
the  election,  and  the  facsimile  of  the  signatures  of  the  com- 
missioners of  elections,  and  the  numbered  stub  shall  be  plainly 
visible  to  the  officers  of  election,  and  shall  present  to  said 
officers  his  certificate  of  registration  and  marked  ballot ;  and 
if  the  numbers  on  each  correspond,  the  officer  of  election  shall 
tear  off  and  destroy  said  stub  at  once.  (lb. ;  1907,  ch.  436, 
sec.  19.) 

175.  [1250].  To  prevent  repeating. — To  prevent  repeat- 
ing by  voters,  sections  129  and  130  shall  be  complied  with  as 
therein  provided.  (1890,  ist  ex.  ses.,  ch.  24,  sec.  14;  1895,  ist 
ex.  ses.,  ch.  3,  sec.  7;  1889,  ch.  218,  as  amended  by  1890.  ist  ex. 
ses.,  ch.  23,  and  1890,  ist  ex.  ses.,  ch.  24,  sees.  5  and  14,  was 
repealed  1891,  ch.  161.) 

As  to  constitutionality,  see  note  2  under  109. 

176.  [1251].  Manner  and  time  of  voting. — He  shall  then 
vote  in  the  manner  provided  by  law.  He  shall  mark  and 
deposit  his  ballot,  without  undue  delay,  and  shall  quit  said 
inclosed  space  or  room  as  soon  as  he  has  voted.  No  such 
voter  shall  be  allowed  to  occupy  a  voting  shelf,  table,  or  com- 
partment already  occupied  by  another,  nor  longer  than  ten 
minutes,  if  other  voters  are  not  waiting,  nor  longer  than  five 

minutes  in  case  other  voters  are  waiting.  (1890,  ist  ex.  s.es., 
ch.  24,  sec.  14.) 

177.  [1252].     Who  allowed  in  room;  peace  officers;. — No 

person  shall  be  allowed  in  the  room  in  which  said  ballot  box 
and  compartments  are,  except  the  officers  of  election  and 
those  appointed  by  the  officer  holding  the  election,  and  none 


Ballot  and  Manner  of  Voting  73 

other,  to  secure  the  observance  of  the  provisions  of  this 
chapter.  In  the  case  of  cities  having  duly  enrolled  policemen 
or  peace  officers,  the  city  authorities  may  designate  the  offi- 
cers to  keep  the  peace  at  the  polls  on  the  outside  of  the  room 
in  v/hich  is  the  ballot  box,  and  not  closer  than  ten  feet  to  the 
entrance  or  outer  rail  guard,  if  there  be  such,  leading  to  said 
room.  But  in  no  event  shall  said  policemen  or  peace  officers 
come  nearer  to  said  entrance  than  ten  feet,  or  enter  the  room 
in  w^hich  is  the  ballot  box,  unless  specially  requested  to  do  so 
by  the  officer  holding  the  election ;  and  at  any  time  w^hen  re- 
quested to  do  so  by  said  officer  holding  the  election,  the  said 
policeman  or  policemen  shall  retire  from  the  room  in  w^hich 
is  the  ballot  box,  and  to  a  point  not  nearer  than  ten  feet  to 
the  aforesaid  entrance  or  rail  guard.  (1890,  1st  ex.  ses.,  ch.  24, 
sec.  14;  1907,  ch.  436,  sees.  9-1 1;  1909,  chs.  104,  273.) 

178.  [1253].  Ballots  not  taken  from  polls;  other  ballots 
for  spoiled  ballots. — No  person  shall  take  or  remove  any  ballot 
from  the  polling  place,  before  the  close  of  the  polls.  If  any 
voter  spoils  a  ballot,  he  may  successively  obtain  others,  one 
at  a  time,  not  exceeding  three  in  all,  upon  returning  each 
spoiled  one.     (1890,  ist  ex.  ses.,  ch.  24,  sec.  15.) 

179.  [1254].     Assistance  to  physically  disabled  voters. — 

Any  voter  who  declares  to  the  officer  holding  the  election, 
that,  by  reason  of  blindness  or  other  physical  dis- 
ability, he  is  unable  to  mark  his  ballot,  shall, 
upon  request,  receive  the  assistance  of  the  officer 
holding  the  election  in  the  marking  thereof,  and 
such  officer  shall  certify  on  the  outside  that  it  v^as  so  marked 
with  his  assistance,  and  shall  give  no  information  in  regard 
to  the  same.     (1890,  1st  ex.  ses.,  ch.  24,  sec.  16.)     See  sec.  160. 

1.  Marking  of  ballot  for  any  voter  who  cannot  mark  his  ballot, 
In  certain  counties. — By  Acts  1915  (Private),  -ch.  427,  provision  is 
made  for  marking  the  ballot  of  any  voter  who  cannot,  for  any  reason 
whatever,  mark  his  ballot  when  he  so  notifies  the  holder  of  the  elec- 
tion, who  shall  proceed  to  mark  the  voter's  ballot  in  the  presence 
of  not  less  than  two  of  the  judges.  After  marking  said  ballot,  said 
holder  of  the  election  shall  indorse  on  the  b(ack  thereof,  "Marked" 
and  shall  sign  his  name  thereto.  This  provision  shall  apply  in  counties 
having  a  population  of  not  less  than  19399  nor  more  than  19425,  hy 
the  federal  census  of  1910  or  any  subsequent  census;  and,  therefore, 
under  the  federal  census  of  1910,  said  act  applies  in  the  county  of 
Cocke  alone. 

The  same  provision  made  by  Act  1917  (Private),  ch.  496,  which  is 
made  applicable  in  counties  having  a  population  of  not  less  than 
17250  nor  over  17760,  according  to  the  federal  census  of  1910  or  any 
subsequent  federal  census;  and  under  the  federal  censuses  of  1910  or 


74  Election  Laws  of  Tennessee 

1920,  and  under  Hall  v.  State,  16  Gates,  235  238.  241-243,  246,  247, 
said  piovision   is  applicable  in  Jefferson  county  alone. 

2.  icJallot  marked  for  other  than  disabled  voters  is  void. — A  ballot 
markeu  for  a  person  neither  blind  nor  physically  disabled  is  void, 
whether  marked  by  the  officer  holding  the  election,  or  some  one 
else.     Moore  v.  Sharp,  14  Pickle,  491,  503,  504. 

3.  Officer  of  election  only  can  mark  ballot  for  disabled  voter. — 
The  officer  holding  the  election  is  the  only  person  who  can  lawfully 
mark  ballots  for  persons  blind  or  otherwise  physically  disabled  to 
mark  their  own  ballots.     Moore  v.  Sharp,  14,  Fickle,  491.  504. 

4.  Blind  voter's  ballot  marked  by  one  other  than  the  officer  hold- 
ing the  election  is  not  void,  when. — But  if  a  blind  man,  without  fault 
on  his  part,  allows  his  ballot  to  be  marked  by  an  unauthorized  person, 
believing  him  to  be  the  officer  holding  the  election,  and  casts  it,  his 
ballot  is  not  thereby  rendered  void,  and  it  should  not  be  rejected. 
Moore  v.  Sharp,  14  Pickle,  491,  504. 

5.  Blind  and  physically  disabled  voter,  though  illiterate,  is  en- 
titled to  officer's  assistance  to  mark  his  ballot. — The  fact  that  a 
voter  can  neither  read  nor  write  does  not  necessarily  disqualify  him 
to  mark  his  ballot;  and,  therefore,  a  voter,  unable  to  mark  his  ballot 
by  reason  of  blindness  or  other  physical  disability,  is  entitled  to 
the  officer's  assistance  in  marking  his  ballot,  though  he  be  illiterate, 
or  unable  to  read  and  write.    Moore  v.  Sharp,  14  Pickle,  491,  505,  506. 

180.  [1255].  Improperly  marked  ballots  not  counted, 
ivhen;  ballots  must  be  indorsed  and  in  accordance  with  law. — 

If  the  voter  marks  more  names  than  there  are  persons  to  be 
elected  to  an  office,  or  if,  for  any  reason,  it  is  impossible  to 
determine  the  voter's  choice  for  any  office  to  be  filled,  his 
ballot  shall  not  be  counted  for  such  office.  But  this  shall  not 
vitiate  the  ballot  so  far  as  properly  marked.  No  ballot  v^ith- 
out  the  official  indorsement  of  the  chairman  of  the  board  of 
commissioners  shall  be  deposited,  and  none  but  ballots  pro- 
vided in  accordance  w^ith  the  provisions  of  this  chapter  shall 
be  counted.     (1890,  ist  ex.  ses.,  ch.  24,  sec,  17.) 

181.  [1256].  Offenses  of  voters;  interference  with 
voters;  penalty;  ballots  marked,  rejected. — A  voter  v^ho  shall, 
except  as  herein  otherw^ise  provided,  allow^  his  ballot  to  be 
seen  by  any  person,  or  v^ho  shall  take  or  remove,  or  attempt 
to  take  or  remove,  any  ballot  from  the  polling  place,  before 
the  close  of  the  polls,  or  v^ho  shall  make  a  false  statement 
as  to  his  inability  to  mark  his  ballot,  or  place  any  mark  upon 
his  ballot  by  v^hich  it  may  be  afterv^ard  identified  as  the  one 
voted  by  him,  or  any  person  who  shall  interfere,  or  attempt 
to  interfere,  w^ith  any  voter  w^hen  inside  said  inclosed  space, 
or  when  marking  his  ballot,  or  who  shall  remain  longer  than 
the  specified  time  allowed  by  this  chapter  in  the  booth,  after 
being  notified  that  his  time  has  expired,  or  who  shall  en- 


Ballot  and  Manner  of  Voting  75 

deavor  to  induce  any  voter,  before  voting,  to  show  how  he 
marks  or  has  marked  his  ballot,  or  aid,  or  attempt  to  aid,  any 
voter  by  means  of  any  mechanical  device,  or  any  other  means 
whatever,  in  marking  his  ballot,  shall  be  punished  by  fine 
not  less  than  ten  nor  more  than  one  hundred  dollars ;  and 
election  officers  shall  cause  any  person  so  doing  to  be  ar- 
rested and  treated  as  one  caught  in  the  very  act  of  commit- 
ting a  misdemeanor;  and  any  ballot  marked  by  the  voter  for 
Identification  shall  be  rejected.  (1890,  ist  ex.  ses.,  ch.  24, 
sec.  18.) 

182.  [1257].  Misdemeanors  and  misdemeanors  in  office, 
when  election  officers  are  guilty  of;  fines,  imprisonments,  and 
removal;  who  to  act  on  failure  of  election  officers. — Any  com- 
missioner of  elections  or  registrar  who  willfully  and  know- 
ingly refuses  or  fails  to  perform  the  duties  herein  prescribed 
shall  be  guilty  of  a  misdemeanor,  and  subject  to  a  fine  of  not 
less  than  fifty  nor  more  than  two  hundred  dollars,  and  to 
imprisonment  in  the  county  jail  not  less  than  ten  nor  more 
than  ninety  days,  at  the  discretion  of  the  court.  Any  officer 
of  election  who  violates,  willfully  and  knowingly,  the  pro- 
visions of  this  chapter  shall  be  subject  to  a  fine  of  not  less 
than  fifty  nor  more  than  two  hundred  dollars,  and  to  im- 
prisonment in  the  county  jail  not  exceeding  three  months, 
at  the  discretion  of  the  court.  Any  officer  of  election  whose 
duty  it  is  to  hold  the  elections  herein  provided  for,  who  will- 
fully neglects,  fails,  or  refuses  to  open  and  hold  said  elections^ 
in  accordance  with  the  requirements  herein  made,  shall  be 
guilty  of  a  misdemeanor  in  office,  and  be  subject  to  a  fine 
[of]  not  less  than  five  hundred  dollars  nor  more  than  two 
thousand  dollars,  and,  upon  conviction,  shall  be  romoved  from 
office ;  and,  in  event  the  officer  of  election  of  any  county 
neglects,  fails,  or  refuses  to  hold  the  election  herein  provided 
for,  the  duties,  responsibilities,  and  authority  of  the  officer 
shall  devolve  upon  the  chairman  of  the  commissioners  of 
elections,  who  shall  exercise,  for  the  time  being,  the  func- 
tions of  said  officer  in  holding  that  election.  (1890,  ist  ex. 
ses.,  ch.  24,  sec.  19 ;  1907,  ch.  436,  sec.  19 ;  1909,  chs.  104,  273.) 
See  sees.  46,  92,  93,  96,  loi. 

Provision  as  to  failure  of  election  officer  to  hold  election  is  prob- 
ably not  in  force. — The  last  sentence  in  this  section,  containing  pro- 
visions where  the  election  oflScer  fails  to  hold  the  election,  is  prob- 
ably not  in  force.  Provision  is  made  in  section  96,  for  filling  the 
vacancy  caused  by  absence  of  the  election  officer.  The  sheriff  is  no 
longer  charged  with  the  duty  of  holding  elections.  See  sec.  46.  This 
accounts  for  the  change  in  phraseology  in  this  section  from  that  con- 
tained in  the  original  statute  and  in  the  Code  of  1896. — iBd. 


76  Election  Laws  of  Tennessee 

183.  [1258].  This  chapter  and  chapter  9  apply  to  issue 
of  improvement  bonds. — This  chapter  shall  apply  to  and  con- 
trol all  elections  for  the  issuance  of  improvement  bonds,  and 
chapter  9  (sections  102-136)  shall  apply  to  and  control 
all  elections  for  their  issuance  in  all  counties  and  cities  to 
which  said  chapter  9  applies  under  the  federal  census  of  1880, 
or  may  hereafter  apply  under  any  subsequent  federal  census, 
and  all  elections  held  hereafter  for  the  issuance  of  improve- 
ment bonds  shall  be  held  under  and  pursuant  to  the  regula- 
tions, provisions,  and  requirements  of  said  chapters.  (1890, 
1st  ex.  ses.,  chs.  24,  25;  1891,  chs.  6,  7.) 

1.  Dortch  ballot  laws  enacted,  repealed,  amended,  modified,  and 
remaining  in  force  since  1889. — Acts  1889,  ch.  188,  repealed  by  Acts 
1890,  1st  ex.  ses.,  ch.  24,  sec.  20;  Acts  1890,  1st  ex.  ses.,  ch.  24,  amended 
by  Acts  1891,  chs.  6  and  225;  1897,  ch.  17;  1901,  ch.  147;  1903,  chs. 
536  and  567.— Ed. 

2.  Statute  in  this  chapter  is  constitutional. — The  statute  com' 
piled  in  this  chapter  is  not  unconstitutional  because  of  the  educa- 
tional qualifications  required,  nor  as  class  legislation,  nor  as  an  in- 
fraction of  the  fourteenth  amendment  to  the  constitution  of  the 
United  States,  nor  because  the  commissioners  and  registrars  are  ap- 
pointed otherwise  than  by  the  people  or  the  county  court.  Cook  v. 
State,  6  Pickle,  407;  State  v.  Old,  11  Pickle,  731;  Moore  v.  Sharp,  14 
Pickle,  506;  Peterson  v.  State,  20  Pickle,  129;  Condon  v.  Maloney, 
24  Pickle,  95,  96,  98;  Turner  v.  State,  3  Cates,  602,  608;  Murphy  v. 
State,  6  Cates,  533;  Hall  v.  State,  16  Cates,  239,  243,  244,  245;  Scott 
V.  Marley,  16  Cates,  403;  Fleming  v.  Memphis,  18  Cates,  341.  See 
Const.,  p.  376,  note  17;  p.  535,  note  31;  p.  544,  note  48;  p.  603,  note  11. 

3.  Doubts  indicated  in  notes  in  Code  of  1896  have  been  removed 
by  legislation  and  decision. — The  question  of  doubt  as  to  effect  of 
implied  repeals,  stated  in  notes  3  to  14  under  section  1258  of  the  Code 
of  1896,  was  removed  by  Acts  1897,  ch.  17,  and  by  judicial  construc- 
tion. 

The  registration  law,  under  the  statutes  compiled  in  section  102. 
applies  in  all  counties  having  a  population  of  fifty  thousand  or  over 
and  in  the  cities,  towns,  and  civil  districts  having  a  population  of 
twenty-five  hundred  or  more,  although  in  counties  which  have  less 
than  fifty  thousand  inhabitants. 

The  foregoing  application  of  the  said  registration  law  is  changed 
by  many  special  acts  noted  under  section  102,  and  other  sections  of 
said  laws. 

This  chapter  on  the  ballot  law  applies  throughout  the  state,  as 
shown  by  section  156. — Ed. 


CHAPTER  12. 

UNIFORM  BALLOT  LAW. 

Sections  1259-1263  of  Shannon's  Code  were  suspended  and  made 
inoperative  by  Acts  1921,  ch.  117,  making  the  statutes  in  the  preced- 
ing chapter  applicable  to  all  counties,  cities,  towns,  and  civil  districts 


Proceedings  at  the  Polls  77 

in  the  State  of  Tennessee,  without  regard  to  population,  thereby  mak- 
ing the  preceding  chapter  the  uniform  ballot  law. — Ed. 


CHAPTER  13. 

PROCEEDINGS   AT   THE   POLLS. 

184.     [1264    (846)    1053].     Mode    of   Voting. — All   popular 
elections  shall  be  by  ballot.     (Const.,  art.  4,  sec.  4,  p.  378.) 

185.  [1265  (847)  1054].  Ballot  is  defined. — A  ballot  is  a 
ticket  or  scroll  of  paper,  purporting  to  express  the  voter's 
choice,  given  by  the  voter  to  the  officer  or  person  holding  an 
election,  to  be  put  into  the  ballot  box.  (1796,  Mar.  ses.,  ch. 
9.  sec.  3.) 

186.  [1266  (848)  1055].  Ballot  box  is  defined.— The  bal- 
lot box  is  any  receptacle  provided  by  the  officer  or  person 
holding  an  election  for  receiving  the  ballots,  which  box  is  to  be 
kept  locked,  or  otherwise  well  secured,  until  the  election  is 
finished.     (1796,  Mar.  ses.,  ch.  9,  sec.  2.) 

187.  [1267  (849)  1056].  To  whom  ballot  is  to  be  de- 
livered.— Every  person  qualified  to  vote,  in  the  manner 
directed  by  the  constitution,  who  shall  attend  for  that  pur- 
pose at  any  election,  shall  give  to  the  returning  officer,  in 
the  presence  of  the  inspectors  or  judges,  a  ballot  to  be  put 
into  the  box.     (1796,  Mar.  ses.,  ch.  9,  sec.  3.) 

188.  [1268^(850)  1057].  In  presence  of  judges;  ballot 
not  to  be  read  by  officer. — The  returning  officer  shall  receive 
the  ballot  in  the  presence  of  the  judges ;  and,  if  the  right  of 
the  person  presenting  it  to  vote  is  unquestioned,  he  shall  not 
open  and  examine,  or  read  the  ballot  at  the  time  of  receiving 
it,  and  before  he  puts  it  in  the  box.  (1796,  Mar.  ses.,  ch.  9, 
sec.  2;  1831,  ch.  98;  1907,  ch.  436,  sees.  11,  14.)  See  sees. 
46,  92,  96. 

Returning  officer  is  defined;  duty  of  judges. — The  returning  officer 
is  the  officer  holding  the  election,  and  he  shall  receive  the  ballot  in 
the  presence  of  the  judges,  who  shall  pass  upon  the  qualifications  of 
the  voter,  as  provided  in  sections  190  to  196,  inclusive.  Taylor  v. 
Carr,  17  Gates,  255. 

189.  [1269  (851)  1058].     Imposition  on  voter  is  forbidden. 

— No  person  shall  willfully  and  knowingly  impose  upon  any 
illiterate  voter  a  ticket,  in  any  election,  contrary  to  his  wish 
and  desire,  by  falsely  representing  to  such  voter  that  the 
ticket  proposed  to  him  is  such  as  he  desires. 


78  Election  Laws  of  Tennessee 

190.  [1270  (852)  1059].  Oath  of  voter.— If  any  person 
offer  to  vote,  and  none  of  the  judges  know  that  he  is  a  quali- 
fied voter;  or  if  his  vote  is  objected  to  by  any  candidate  or 
other  citizen  of  this  state,  the  judges  of  the  election,  or  some 
one  of  them,  or  the  officer  or  person  holding  the  election,  may, 
under  the  direction  of  the  judges,  or  a  majority  of  them,  ad- 
minister an  oath  in  the  following  form  or  to  the  following 
effect :  "You  do  solemnly  swear  that  you  will  true  answers 
make  to  such  questions  as  may  be  asked  you  touching  your 
qualifications,  or  right  to  vote  in  the  present  election.  So 
help  you  God."     (1841-42,  ch.  31,  sec.  6.) 

191.     [1271    (853)    1060].     Questions  to  voter;   bystanders 

may  be  sworn. — The  judges,  or  some  of  them,  shall  then  ask 
the  person  offering  to  vote,  the  following  questions.  Are  you 
a  citizen  of  the  State  of  Tennessee?  Are  you  twenty-one 
years  of  age?  Do  you  reside  in  this  county?  Has  your  home 
been  in  this  county  six  months  next  before  this  day?  (the  day 
of  holding  the  election).  Have  you  voted  at  any  other  time 
or  place  in  this  election?  And  any  other  questions  the  judges 
may  think  material  to  ascertain  the  qualification  of  the  per- 
son offering  to  vote.  And  if  they,  or  any  of  them,  have  reason 
to  suspect  that  the  person  offering  to  vote  has  sworn  falsely, 
they,  or  the  officer,  or  some  justice  of  the  peace  under  their 
direction,  may  swear  any  bystander  as  to  the  right  and  quaH- 
fication  of  such  person  to  vote.     (lb.) 

192.  [1272(854)1061].     Vote,  when  to  be  received. — The 

said  questions  having  been  asked  and  answered,  and  the  tes- 
timony of  bystanders  taken  if  desired,  if  the  judges  or  a  ma- 
jority of  them  are  satisfied  that  the  person  offering  to  vote 
is  a  citizen  of  this  state ;  that  he  is  twenty-one  years  of  age ; 
that  he  has  had  his  home  in  the  county  in  which  he  offers  to 
to  vote  six  months  next  preceding;  that  he  has  not  voted 
before  at  the  same  election ;  and  that  he  is  otherwise  quali- 
lied,  the  judges  shall  thereupon  receive  his  vote.     (lb.) 

193.  [1273  (855)  1062].  Who  may  vote  in  local  elec- 
tions.— In  all  elections  for  justice  of  the  peace  or  constable, 
or  any  election  in  which  a  civil  district,  or  only  a  portion  of 
the  voters  of  a  county  are  entitled  to  vote,  the  judges  of  the 
election  shall  be  satisfied  that  the  party  offering  to  vote  is 
a  quaHfied  voter,  not  only  of  the  county,  but  of  the  civil  dis- 
trict, or  of  the  portion  of  the  county  in  which  he  offers  to 
vote ;  as  to  all  which  matters  they  may  examine  him  on 
oath.     (lb.)     See  sec.  21. 


I 


Proceedings  at  the  Polls  79 

194.  [1274     (856)      1063].     Foreigner,     naturalization. — 

When  any  person  not  a  native-born  citizen  of  the  United 
States  offers  to  vote,  and  his  vote  is  objected  to,  he  shall  pro- 
duce a  certified  copy  of  the  record  of  his  naturalization,  if 
the  same  is  in  his  possession,  shovv^ing  that  he  has  been  de- 
clared, by  a  competent  court,  a  citizen  of  the  United  States. 
(1841-42,  ch.  31,  sec.  15.) 

195.  [1275  (857)  1064].  Examination  as  to  naturaliza- 
tion.— If  such  copy  of  his  naturalization  is  not  in  his  possos- 
sion,  he  may  be  examined  touching  it ;  and  if  the  judges  should 
be  satisfied,  from  his  examination,  and  other  oral  testimony, 
If  any  is  offered,  that  he  is  naturalized,  they  shall  receive  his 
vote.     (lb.) 

196.  [1276  (858  1065].  Same,  when  copy  of  naturaliza- 
tion is  not  properly  authenticated. — In  like  manner,  the  party 
offering  to  vote  may  be  examined  as  to  his  naturalization, 
when  he  produces  a  copy  of  the  record  of  his  naturalization, 
and  it  is  objected  to  on  account  of  authentication.  (lb.) 

197.  [1277  (859)  1066].  List  of  voters.— When  the  offi- 
cer receives  the  ballot,  he  shall  call  the  name  of  the  voter,  in 
a  distinct  voice,  and  the  clerks  of  the  election  shall  take  dow^n, 
on  separate  lists  or  books,  the  name  of  every  person  voting, 
and  shall  attest  the  correctness  of  them  under  their  hands. 
(1796,  Mar.  ses.,  ch.  9,  sec.  3;  1841-42,  ch.  31,  sec.  11.)  See 
sec.  200. 

198     [1278   (860)    1067].    Counting,  when  to  begin. — The 

officer  or  person  and  judges  appointed  to  hold  an  election  shall 
not  proceed  to  or  commence  counting  out  the  votes  given  in 
the  election,  until  the  polls  shall  have  been  closed.  (1796, 
Mar.  ses.,  ch.  9,  sec.  3.)  , 

199.  [1279    (861)    1068].     Reading    and   numbering    the 

ballots. — When  the  election  is  finished,  the  returning  officer 
and  judges  shall,  in  the  presence  of  such  of  the  electors  as 
may  choose  to  attend,  open  the  box  and  read  aloud  the  names 
of  the  persons*  which  shall  appear  in  each  ballot ;  and  the 
clerks,  at  the  same  time,  shall  number  the  ballots,  each  clerk 
separately.     (1796,  ch.  9,  sec.  3.) 

200.  [1280  (862)  1069].  Void  ballots.— If  there  be  tv^ro 
tickets  rolled  up  together,  or  if  any  ticket  contains  the  names 
of  more  persons  than  the  elector  has  a  right  to  vote  for,  in 
either  of  these  cases,  such  ticket  shall  not  be  numbered  in 
taking  the  ballots,  but  shall  be  adjudged  void.     (lb.) 


80  Election  Laws  of  Tennessee 

Certificate  as  to  void  bailot. — The  right  of  the  judges  of  election 
to  adjudge  a  vote  to  be  illegal,  in  the  cases  specified  in  this  section, 
is  beyond  question,  and  it  is  proper  that  they  should  state  in  their 
certificate  that  such  ticket  was  adjudged  to  be  void;  and  the  board 
of  inspectors  cannot  count  such  vote.  State,  ex  rel.,  v.  Board,  6  Lea, 
12,  23-26,  and  especially  24,  25. 

201.     [1281    (863)    1070].     Police  powers  of  inspectors  at 

the  polls. — ^The  inspectors  have  authority  to  maintain  regu- 
larity and  order  in  the  balloting;  to  keep  access  to  the  polls 
free  and  unobstructed;  to  prevent  all  disorderly  and  riotous 
conduct  during  the  election,  and  during  the  counting  of  the 
votes,  after  the  polls  are  closed;  and,  for  this  purpose,  they 
are  vested  with  all  the  powers  of  a  peace  officer. 

202.  [1282  (863a)  1071],  Hours  of  election. — In  all  elections 
in  this  state  for  electors  for  president  and  vice  president  of 
the  United  States,  governor,  members  of  congress,  members 
of  the  state  legislature,  judges  of  the  supreme,  chancery,  and 
circuit  courts,  judges  of  the  county  court  in  those  counties 
where  county  judges  are  elected,  sheriffs,  clerks  of  the  circuit 
and  county  courts,  registers,  trustees,  justices  of  the  peace, 
constables,  and  attorney-generals  for  the  various  judicial 
districts,  the  polls  shall  be  opened  at  nine  o'clock  a.  m.  and 
closed  at  four  o'clock  p.  m. ;  except  in  cities  having  a  popula- 
tion of  15,000  and  over,  according  to  the  federal  census  of 
1900  or  any  subsequent  federal  census,  in  which  cities  the  polls 
shall  be  opened  at  9  a.  m.  and  closed  at  7  p.  m.  (1859-60,  ch. 
75;  1909,  ch.  156.) 

As  to  appointment  of  attorney-general  and  reporter,  see  Const., 
art.  6,  sec.  5  (p.  429). 

Hours  of  election  in  certain  counties. — By  Acts  1915  (Private), 
ch.  679,  p.  2178,  it  is  provided  that  the  polls  shall  be  opened  at  nine 
o'clock  a.m.  and  closed  at  seven  o'clock  p.m.,  in  counties  having  a 
population  of  not  less  than  70,000  nor  more  than  90,000,  according  to 
the  federal  census  of  1910  or  any  subsequent  federal  census.  Under 
the  federal  censuses  of  1910  and  1920,  and  under  Hall  v.  State,  16 
Gates,  235,  238,  241-243,  246,  247,  this  act  applies  in  Hamilton  county 
alone. 

By  Acts  1917  (Private),  ch.  623,  it  is  provided  that  the  polls  shall 
be  opened  at  nine  a.m.  and  closed  at  seven  p.m.,  in  all  civil  districts 
wholly  or  partly  in  the  corporate  limits  of  incorporated  cities  having 
a  population  of  130,000  or  more,  according  to  the  federal  census  of 
1910  or  any  subsequent  federal  census;  and  under  the  federal  cen- 
suses of  1910  and  1920,  said  act  applies  in  Memphis  alone. — Ed. 


Proceedings  After  Polls  Closed  81 

CHAPTER  14. 

PROCEEDINGS  AFTER  THE  POLLS  ARE  CLOSED. 

203.  [1283  (864)  1072].  Comparing  polls  for  county  of- 
ficers, time  and  place. — The  commissioners  of  elections,  hold- 
ing any  election  of  county  officers,  shall  compare  the  polls  at 
the  courthouse,  on  the  first  Monday  after  said  election,  and 
shall  deliver  to  each  person  elected  a  certificate  of  his  elec- 
tion. (1835-36,  ch.  2,  sec.  5;  1907,  ch.  436,  sees.  15,  16.)  See 
sees.  97,  98,  and  notes. 

1.  Commissioners  of  election  perform  duties  formerly  performed 
by  officer  holding  election — Under  the  statutes  cited  under  the  pre- 
ceding section,  the  commissioners  of  elections  perform  the  duties 
formerly  performed  by  the  officer  (sheriff  or  coroner)  holding  the 
election;  and  said  commissioners  have  no  more  power  to  examine 
and  count  the  ballots  than  the  said  officer  formerly  had.  Taylor  v. 
Carr,  17  Gates,  255,  256. 

2.  Election  returns  may  be  compared  or  counted  at  a  private 
house,  when. — Where  the  returns  of  the  election  were  made  to  the 
courthouse;  but,  the  county  court  being  in  session,  the  votes  were 
counted  or  compared  in  a  private  house  in  the  county  town,  there  was 
a  sufficient  compliance  with  the  requirements  of  this  section,  and  such 
action  constitutes  no  ground,  in  the  absence  of  fraud  or  misconduct 
in  comparing  the  polls  and  counting  the  votes,  for  setting  aside  the 
election.  McCraw  v.  Harralson,  4  Cold.,  34,  38,  44,  45  (headnote  5) ; 
Puckett  V.  Springfield,  13  Pickle,  273;  United  States  v.  Brewer,  139 
U.  S.,  287,  35  L.  ed.,  193. 

3.  Comparison  of  polls  at  county  jail  does  not  vitiate  returns. — The 
comparing  of  the  polls  at  the  county  jail  instead  of  the  courthouse,  in 
the  absence  of  all  fraud  and  misconduct,  does  not  vitiate  the  returns. 
Puckett  v.  Springfield,  13  Pickle,  264,  272,  273. 

4.  Certificate  of  election  is  only  prima  facie  correct. — The  cer- 
tificate of  election  is  not  conclusive,  but  merely  prima  facie  evidence 
of  the  right  to  the  office,  and  may  be  rebutted  by  proof.  Dodd  v. 
Weaver,  2  Sneed,  671. 

Certificate  of  election  is  prima  facie  evidence  pf  its  own  correct- 
ness, yet  it  may  be  falsified  by  the  testimony  of  witnesses.  Marshall 
V.  Kerns,  2  Swan,  68,  71;   McCraw  v,  Harralson,  4  Cold.,  41. 

The  certificate  of  election  is  sufficient  evidence  of  the  result,  until 
the  contrary  is  clearly  made  out  by  the  contestant,  upon  whom  the 
burden  lies.  McCraw  v.  Harralson,  4  Cold.,  34,  41.  See  Anderson  v. 
Gossett,  9  Lea,  645,  646,  648,  649,  650. 

204.  [1284  (865)  (866)  1073].  Comparison  of  polls  in  elec- 
tion of  members  of  legislature. — In  counties  which  singly  elect 
a  representative,  and  in  those  which  singly  elect  two  or  more 
representatives,  the  polls  shall  be  compared  at  the  courthouse 
in  said  counties ;  and,  in  all  senatorial  and  representative  dis- 
tricts, it  shall  be  the  duty  of  the  commissioners  of  elections 
of  each  county,  within  ten  days  after  said  election,  to  certify 


82  Election  Laws  of  Tennessee 

and  forward  to  the  secretary  of  state  one  copy  or  set  of  said 
poll  books.  (1872,  ch.  5,  sec.  2;  1907,  ch.  436,  sees.  9,  10,  17; 
1909,  chs.  104,  273.)  See  Code,  sees.  123-128;  sees.  83-100,  216 
of  this  compilation. 

205.  [1285.  1074].  Governor,  secretary  of  state,  and 
attorney  general,  a  board  of  inspectors. — The  governor  and 
the  secretary  of  state,  and  attorney-general  for  the  state  are 
hereby  constituted  a  board  of  inspectors,  whose  duty  it  shall 
be  to  compare  the  vote  for  senators  and  joint  representatives 
in  the  several  senatorial  and  floaterial  or  representative  dis- 
tricts of  this  state,  and  declare  the  result.  (1872,  ch.  5,  sec.  3; 
1889,  ch.  67.)     See  sec.  219. 

1.  Acts  1889,  ch.  67,  is  palpably  unconstitutional  and  void,  be< 
cause  it  does  not  recite,  in  its  caption  or  body,  the  title  or  substance 
of  the  law  it  purports  to  amend;  but  only  refers  to  the  former  law 
so  sought  to  be  amended,  by  reference  to  its  chapter  and  section 
numbers,  and  the  year  of  its  enactment.  See  Const.,  p.  249,  notes 
86-87a2.  But  when  the  words  "and  attorney-general  for  the  state" 
are  struck  out,  this  section  is  substantially  the  same  as  before  the 
attempted  amendment. — Ed. 

2.  Whole  board  must  act  in  conjunction. — Under  this  section,  the 
secretary  of  state  and  attorney-general  can  only  sit  and  perform  their 
duties  as  a  board  in  conjunction  with  the  governor,  and  they  cannot 
act  without  him,  because  the  law  makes  no  provision  that  a  majority 
may  act;  and,  in  the  absence  of  such  provision,  no  action  can  be 
taken,  except  by  the  entire  board  participating  in  it.  State,  ex  rel., 
v.  Board,  6  Gates,  516,  520  (headnote  3).     See  note  2  under  sec.  224. 

206.  [1286  (1075)].  Governor  to  issue  certificate  of  elec- 
tion.— When  the  results  of  such  election  shall  have  been  ascer- 
tained and  announced,  the  governor  shall  issue  certificates  of 
election  to  the  persons  receiving  the  largest  number  of  votes 
in  said  district,  which  certificates  shall  be  prima  facie  evidence 
of  such  election ;  and  the  commissioners  of  elections  of  the 
several  counties,  singly  electing  one  or  more  representatives, 
shall  issue  certificates  of  election  to  the  persons  receiving  the 
largest  number  of  votes  cast  at  said  election.  (1872,  ch.  5,  sec. 
4;  1907,  ch.  436;  1909,  chs.  104,  273.) 

1.  Mandamus  against  the  board,  if  the  governor  submits  to  the 
jurisdiction. — The  action  of  the  board  is  ministerial,  but  the  ques- 
tion was  reserved,  the  governor  having  submitted  to  the  jurisdiction, 
whether  a  mandamus  will  lie  to  compel  him  to  discharge  such  a  duty, 
or  whether  the  fact  that  mandamus  is  against  a  board  of  which  the 
governor  is  a  member,  and  not  against  a  governor  individually,  makes 
any  difference.  State,  ex  rel.,  v.  Board,  6  Lea,  12,  20,  21;  Bates  v. 
Taylor,  3  Pickle,  325,  326;  State,  ex  rel.,  v.  Board,  6  Gates,  519,  520. 

2.  No  mandamus  op  Injunction  against  the  governor. — A  man- 
damus or  injunction  will  not  lie  against  the  governor  to  coerce  or 
restrain  him  in  the  discharge  of  his  official  duties  devolved  upon  him 


Proceedings  After  Polls  Closed  83 

by  the  laws  and  constitution,  however  ministerial  the  act  may  be; 
for  the  power  to  issue  such  writs  includes  the  power  to  enforce  the 
judgment  of  the  court  by  his  imprisonment.  Turnpike  Co.  v.  Brown, 
8  Bax.,  490;  Lynn  v.  Polk,  8  Lea,  263,  284  (last  in  the  dissenting  opin- 
ion);  Bates  v.  Taylor,  3  Pickle,  319,  324,  325,  326;  State,  ex  rel.,  v. 
Board,  6  Gates,  519,  520. 

207.  [1287   (867)    1076].     Preserving  and  certifsring  poll 

books. — The  judges  at  every  election  shall  preserve  the  poll 
books,  or  lists  of  the  names  of  voters,  kept  by  the  respective 
clerks;  and  said  judges,  or  a  majority  of  them,  shall  certify 
that  the  same  do  contain  a  true  list  of  the  voters  at  the 
respective  places  of  holding^  elections,  vi^hich  certificate  shall 
be  attested  by  the  clerks  and  officer  or  person  holding  the 
election.     (1841-42,  ch.  31,  sec.  10.) 

Section  1288  of  the  Code  of  1896  was  superseded  by  the  statute 
compiled  in  sections  97  to  100,  inclusive,  of  this  compilation. — Ed. 

208.  [1289     (869)     1078].     Poll    books;    evidence.— Said 

books  or  lists,  or  copies  of  them,  certified  by  the  officer  hav- 
ing custody  of  them,  shall  be  records,  and  be  received  as  evi- 
dence in  any  case  arising  out  of  said  election,  subject  to  be 
impeached,  however,  by  other  evidence.  (1841-42,  ch.  31, 
sec.  10.)     See  sees.  97-100. 

209.  [1290  (870)  1079],  Poll  books  or  lists  may  be  proved 
by  credible  testimony,  when. — If  the  said  officers  fail  to  re- 
turn the  poll  books  or  lists  of  voters,  or  copies  of  them,  certi- 
fied as  aforesaid,  the  same  may  be  proved  by  other  credible 
tes:timony,  and  received  as  evidence  in  any  case  arising  out  of 
said  election.    (lb.)     See  sees.  97-100. 

210.  [1291  (871)  1080].  Copies  to  be  given  to  parties 
elected,  when. — ^The  officer  or  person  holding  the  election, 
within  ten  days  after  every  election,  shall  at  the  request  of 
any  person  elected  to  serve  in  the  general  assembly,  or  other 
person  in  his  behalf,  cause  fair  copies  of  the  lists  of  votes,  and 
of  the  number  of  ballots  for  each  candidate,  to  be  made  out 
and  delivered  to  the  person  requesting  the  same,  or  to  his 
order,  which  lists  and  numbers  shall  be  signed  by  the  return- 
ing officer.    (1796,  Mar.  ses.,  ch.  9,  sec.  9.) 


CHAPTER  15. 

CASTING  VOTE,  RETURNS,  AND  COMMISSIONS. 

211.     [1292  (872)   1081]..    Tie  and  casting  vote. — If  there 
is  a  tie  vote  between  two  or  more  persons  having  the  highest 


84  Election  Laws  op  Tennessee 

number  of  votes  for  the  same  office,  in  all  cases  where  the 
office  is  filled  by  the  votes  o^  a  single  county,  the  commis- 
sioners of  elections  shall  give  the  casting  vote  between  such 
persons.  (1796,  Mar.  ses.,  ch.  9,  sec.  3;  1835-36,  ch.  2,  sec.  6; 
1907,  ch.  436,  sec.  19.)     See  sec.  98 

Formerly,  the  returning  officer  gave  the  casting  vote. — Under  this 
section,  as  it  formerly  existed,  the  returning  officer  (the  sheriff  or 
coroner,  as  the  case  might  be)  was  required  to  give  the  casting  vote, 
in  case  of  a  tie  vote;  but  under  Acts  1907,  ch.  436,  and  especially  sec- 
tion 16  thereof,  imposing  upon  the  commissioners  of  elections  the 
duties  of  the  sheriff  or  coroner  in  holding  elections,  and  making  them 
the  returning  board  of  officers,  it  would  seem,  logically  and  neces- 
sarily, to  follow  that  the  commissioners  of  elections  are  required  to 
give  the  casting  vote,  in  case  of  a  tie  vote,  which  the  sheriff  or  coro- 
ner, as  the  returning  officer,  formerly  gave. — Ed. 

212.  [1293(873)1082].  New  election,  if  there  be  a  tie  vote 
in  a  district  election. — If  the  office  is  filled  by  the  votes  of  a 
single  district,  the  election  is  void  in  the  case  mentioned  in 
the  preceding  section,  and  the  commissioners  of  elections 
shall  proceed  to  advertise  and  hold  a  new  election.  (1835-36, 
ch.  I,  sec.  II  ;  1907,  ch.  436;  1909,  chs.  104,  273.) 

Tie  vote  for  constable  renders  the  election  void. — While  a  tie  vote 
for  constable  renders  the  election  void  under  this  section,  and  the 
holder  of  the  office  under  such  election  would  be  a  usurper;  but 
where,  counting  all  the  votes  returned  as  cast,  the  holder  of  such 
office  under  a  certificate  of  election  and  induction  into  office  is  not 
a  usurper  of  the  office,  without  color  of  authority,  although  the  elimi- 
nation of  certain  illegal  votes  cast,  counted,  and  returned  for  such 
holder  of  the  office  would  make  a  tie  vote  in  the  election.  State  v. 
Burchfield,  12  Lea,  34. 

213.  [1294(874)1083].  Certificate  of  election. — The  per- 
son having  the  highest  number  of  votes,  including  the  casting 
vote  if  necessary,  given  for  any  office  filled  by  the  votes  of 
a  single  county,  shall  be  declared  duly  elected,  and  a  certifi- 
cate of  his  election  shall  be  made  out  by  the  commissioners 
of  elections  of  the  county,  and  delivered,  on  demand,  to  the 
person  elected.  (1835-36,  ch.  2,  sec.  5;  1907,  ch.  436;  1909, 
chs.  104,  273.)     See  sec.  98,  and  notes. 

1.  Commissioners  of  elections  as  a  returning  board  cannot  go  be- 
hind returns. — The  commissioners  of  elections  as  a  returning  board 
are  ministerial  officers,  vested  with  no  judicial  powers,  and  they  must 
ascertain  and  declare  the  result  as  shown  by  the  returns  of  the  elec- 
tion, if  in  due  form;  and  they  have  no  power  or  right  to  look  beyond 
the  returns,  but  their  powers  are  confined  to  summing  up  the  re- 
turns made  to  them  by  the  election  officers  holding  the  election,  to 
announcing  the  result,  and  to  issuing  a  certificate  of  election  to  the 
candidate  receiving  the  greatest  number  of  votes  as  returned.  State, 
ex  rel.,  v.  Wright,  10  Heis.,  237,  252-255;  State,  ex  rel.,  v.  Board,  6  Lea, 


Casting  Vote_,  Returns_,  and  Commissions  85 

12,  24,  25;  State,  ex  rel.,  v.  Gossett,  9  Lea,  644,  648-650;  Taylor  v. 
Carr,  17  Gates,  257. 

2.  Commissioners  cannot  do  so  to  correct  their  certificate. — Where 
the  commissioners  of  elections,  as  a  returning  board,  have  once  made 
their  certificate  of  election,  they  cannot  go  behind  the  returns  made 
to  them,  and  throw  out  a  part  of  the  same,  and  amend  their  certificate; 
for  having  exhausted  their  powers  by  making  the  certificate,  any 
subsequent  certificate  would  be  a  nullity.  State,  ex  rel.,  v.  Gossett, 
9  Lea.  644,  648-650. 

3.  Suit  going  beFiind  returns  is  a  contest  of  election. — A  suit 
which  undertakes  to  go  behind  the  certificate  of  the  returning  board 
is  a  contest  of  an  election,  which,  in  the  case  of  a  sheriff,  must  be 
made  under  section  1309.  State,  ex  rel.,  v.  Gossett,  9  Lea,  644;  Ad- 
cock  V.  Houk,  14  Gates,  276. 

214.  [1295  (875)  1084].  Return  of  election  to  secretary 
of  state. — In  all  cases  in  which  the  persons  elected  by  the 
vote  of  a  single  county,  or  fraction  of  a  county,  are  commis- 
sioned by  the  governor,  the  commissioners  of  elections  of 
such  county  shall  make  return  of  such  election  to  the  secre- 
tary of  state,  by  mail,  to  be  deposited  in  the  postoffice,  within 
three  days  after  comparing  the  polls.  (1907,  ch.  436 ;  1909,  chs. 
104,  273.)     See  sees.  98,  99. 

This  section  applies  to  justices  of  the  peace,  because  they  are 
elected  by  a  vote  of  a  fractional  part  of  the  county,  and  are  com- 
missioned by  the  governor.  Puckett  v.  Springfield,  13  Pickle,  270. 
See  Code,  sec.  1319. 

215.  [1296  (876)  1085].  Commission  to  persons  appear- 
ing to  be  elected. — A  commission  may  issue  to  the  person  ap- 
pearing from  such  returns  to  be  elected,  on  the  receipt  of 
such  returns  by  the  secretary  of  state,  or  it  may  issue,  on  the 
production  of  the  certificate  of  election,  to  the  person  named 
therein.  See  Code,  sec.  385,  and  notes ;  sec.  224  of  this  com- 
pilation, and  notes. 

216.'    [1297  (877)   1086].     Return  to  qualifying  office. — In 

all  other  cases  of  persons  elected  by  the  vote  of  a  single 
county,  or  district  thereof,  the  commissioners  of  elections 
of  the  county  shall  make  return  of  the  election  to  the  tribunal 
before  v^hom  the  officer  is  required  to  qualify.  (1907,  ch.  436; 
1909,  chs.  104,  273.)     See  sec.  204. 

217.  [1298  (878)  1087].  Certificate  of  election  to  general 
assembly. — The  person  receiving  the  highest  number  of  votes 
for  member  of  the  general  assembly  shall  be  declared  duly 
elected,  and  a  certificate  of  election  issued  to  him,  and  a  state- 
ment of  the  vote  made  out  and  transmitted  immediately  to 
the  secretary  of  state. 


86  Election  Laws  of  Tennessee 

218.  [1299   (879)   1088].    Triplicate  returns,  when. — The 

commissioners  of  elections  of  each  county  shall  make  out 
triplicate  returns  of  the  election  in  their  county  for  judicial 
officers,  for  attorneys-general,  and  for  members  of  congress, 
and  forward  one  copy  by  mail  to  the  secretary  of  state,  an- 
other copy  by  a  different  mail  to  the  governor,  and  deposit 
the  third  copy  in  the  office  of  the  county  court  clerk.  (1907, 
ch.  436;  1909,  chs.  104,  ^'j'^^     See  sees.  98-100. 

219.  [1300   (880)    1089].     Comparison    of    returns. — The 

governor  and  secretary  of  state,  and  the  attorney-general  for 
the  state,  shall,  as  soon  as  the  returns  are  received,  in  the 
presence  of  such  electors  as  choose  to  attend,  compare  the 
vote  in  these  several  cases,  and  declare  the  person  receiving 
the  highest  number  of  votes  duly  elected.  (1889,  c^*  67-)  See 
sec.  205,  and  note. 

Words  to  be  struck  out  as  unconstitutional. — The  words  "and 
attorney-general  for  the  state"  in  this  section  should  be  struck  out, 
as  unconstitutional,  because  Acts  1889,  ch.  67,  from  which  they  were 
taJien,  is  unconstitutional.     See  note  under  sec.  205. 

220.  [1301    (881)    1090].     Messenger  to  bring  returns. — ^ 

The  governor  may  employ  a  special  messenger  to  bring  the 
returns  filed  w^ith  the  clerk  of  the  county  court,  in  case  those 
sent  by  mail  fail  to  come  to  hand,  the  expenses  of  v^hich 
messenger  shall  be  paid  out  of  the  treasury  of  the  state. 
(1812,  ch.  27,  sec.  5.) 

221.  [1302(882)1091].  Tie  vote;  casting  vote;  new  elec- 
tion.— If  there  is  a  tie  vote  betw^een  two  or  more  having  the 
highest  number  of  votes  for  any  congressional  district,  the 
governor  w^ill  give  the  casting  vote;  for  any  judicial  officer 
or  attorney-general,  the  election  shall  be  declared  null,  and 
a  new  election  forthwith  ordered.  (1812,  ch.  27,  sec.  6;  1853- 
54,  ch.  32,  sec.  5.) 

222.  [1303  (883)  1092].     Triplicate  returns  of  governor's 

election. — The  commissioners  of  elections  of  the  several  coun- 
ties shall  make  out  triplicate  returns  of  the  votes  cast  in  each 
county  for  governor,  one  copy  to  be  directed  to  the  speaker 
of  the  senate,  and  transmitted  by  mail;  one  copy,  similarly 
directed,  to  be  dehvered  to  the  senator  or  representative  of  his 
district ;  the  third  to  be  deposited  in  the  office  of  the  county 
court  clerk.     See  sees.  97-99. 

223.  [1304  (884)  1093].  Messenger  for  same. — The  gen- 
eral assembly  may,  if  it  becomes  necessary,  send  a  special 
messenger  for  the  copy  of  the  return  of  any  particular  county 


Casting  Vote_,  Returns,  and  Commissions  87 

deposited   with   the   clerk   of   the   county   court.     See   sees. 
97-99- 

224.  [1305  (885)  1094].  Commissions.— The  governor 
will  issue  commissions  to  members  of  congress,  judges,  chan- 
cellors, or  attorneys-general,  declared  elected  upon  an  esti- 
mate of  the  vote  as  above  prescribed. 

See  Code,  sec.  385;  sees.  11,  214,  215  of  tMs  compilation. 

1.  Governor  cannot  be  mandamused  to  issue  connmission. — The 
governor  cannot  be  coerced  or  restrained,  by  mandamus  or  injunction, 
in  the  issuance  of  these  commissions.  Bates  v.  Taylor,  3  Pickle, 
319;  State,  ex  rel.,  v.  Board,  6  Gates,  516,  519,  520;  State,  ex  rel.,  v. 
Malone,  4  Thomp.,  170. 

2.  Question  of  necessity  of  concurrence  of  secretary  of  state  in 
the  issuance  of  the  commission  was  reserved  in  Bates  v.  Taylor,  3 
Pickle,  333.     See  note  2  under  sec.  205. 

3.  Commission  is  ineffective  wlien  the  election  was  void. — Where 
the  election  was  void,  and  is  so  declared  to  be  by  competent  tribunal, 
the  governor's  commission  to  the  candidate  shown  to  be  elected  by 
the  election  returns  cannot  have  any  effect.  Barry  v.  Lauck,  5  Cold., 
588,  590,  599  (headnote  5) ;  State,  ex  rel.,  v.  Wright,  10  Heis.,  237,  253 
(headnote  4) ;    State,  ex  rel.,  v.  Malone,  4  Thomp.,  171. 

The  returning  oflScer's  certificate  of  election  to  one  as  sheriff,  and 
his  induction  into  office  by  the  county  court,  will  not  affect  the  rights 
of  the  candidate  actually  elected.  State,  ex  rel.,  v.  Wright,  10  Heis., 
237,  253   (headnote  4). 

4.  Commissions  are  greatly  useful  as  prima  facie  evidence  of 
tile,  and  also  for  protecting  third  parties  under  judicial  acts  performed 
by  persons  holding  them,  although  the  commissions  may  be  void  be- 
cause issued  without  authority.  State,  ex  rel.,  v.  Malone,  4  Thomp., 
171,  citing  cases. 

5.  Title  to  elective  office  comes  from  the  people,  and  not  from  the 
commission. — While  an  elective  office  is  still  a  species  of  property,  yet 
the  title  thereto  comes  from  the  people,  through  the  election,  and  not 
from  the  commission  of  the  executive  or  other  formality;  and  the 
term  of  the  elected  officer  may  begin,  notwithstanding  his  failure  to 
receive  a  commission.    State,  ex  rel.,  v.  Malone,  4  Thomp.,  149,  169-172. 

225.  [1306  (886)  1095].  Returns,  how  made. — Returns 
of  an  election  shall  be  sealed  up  and  directed  to  the  officer 
to  v^hom  the  return  is  to  be  made ;  and,  v^hen  required  to  be 
sent  by  mail,  shall  be  deposited  in  the  postoffice,  and  the  re- 
ceipt of  the  postmaster  taken  therefor. 

226.  [1307  (887)  1096].  Forms  of  return,  etc. — No  return, 
poll  list,  or  certificate,  made  under  the  provisions  of  this 
chapter,  is  to  be  set  aside  or  rejected  for  want  of  form,  nor 
on  account  of  its  not  being  strictly  in  accordance  with  the  di- 
rections herein  contained,  if  the  same  can  be  clearly  under- 
stood ;  and  any  such  return,  poll  Hst,  or  certificate,  signed  by 
a  majority  of  the  inspectors  or  returning  officers,  is  sufficient. 


88  Election  Laws  op  Tennessee 

Provision  that  informality  will  not  invalidate  the  returns  applies 
under  subsequent  legislation,  when. — The  provision  that  the  returns, 
poll  lists,  or  certificates  shall  not  be  invalidated  by  any  formality,  if 
the  same  can  be  clearly  understood,  is  a  general  provision,  and  would 
equally  apply  to  the  same  documents,  although  made  returnable,  by 
a  subsequent  law,  to  different  oflacers.  State,  ex  rel.,  v.  Board,  6  Lea, 
22. 


CHAPTER  16. 

VOTING  BY  ABSENT  VOTERS. 

227.  [ii74bi].     What    absent    voters    may    vote. — Any 

voter,  only  when  required  by  his  regular  business  or  occupa- 
tion and  his  habitual  duties  to  be  absent  from  the  city  or 
county  in  which  he  is  registered  or  is  entitled  to  a  vote  by 
law  in  this  state,  may  vote  at  any  election  held  in  his  pre- 
cinct or  district  for  any  purpose  whatsoever,  provided  such 
voter  complies  substantially  with  the  following  conditions, 
to  wit:     (1917,  ch.  8,  sec.  i.) 

228.  [ii74b2].  Voter  intending  to  vote  by  registered 
mail  must  give  notice,  to  whom  and  when. — Such  voter  shall 
give  notice  in  writing  of  his  intention  to  vote  by  registered 
mail  under  the  provisions  of  this  chapter  to  the  registrar  of 
his  precinct,  provided  the  general  registration  laws  in  this 
state  apply  thereto,  and  if  said  registration  laws  do  not  apply 
in  his  precinct  or  district,  then  such  written  notice  shall  be 
given  to  the  secretary  of  the  board  of  county  election  com- 
missioners of  his  county,  hereinafter  called  the  secretary,  if 
there  be  one,  otherwise,  to  the  chairman  of  said  board,  here- 
inafter called  the  chairman,  not  less  than  ten  days  nor  more 
than  thirty  days  prior  to  any  legalized  or  other  primary  or 
general  election  in  which  he  desires  and  is  entitled  to  partici- 
pate ;  provided  he  be  within  the  confines  of  the  United  States. 
But  if  such  voter  be  outside  the  limits  of  the  United  States, 
in  any  of  its  territories  or  elsewhere,  then  he  must  give  such 
notice  not  less  than  thirty  days  or  [nor]  more  than  ninety  days 
prior  to  the  date  of  such  primary  or  general  election.  (Id., 
subsec.  I.) 

229.  [ii74b3].  Ballot  to  be  mailed  to  voter  upon  receipt 
of  notice  delivered  in  person  or  by  registered  mail;  postage 
to  be  furnished  by  voter. — When  such  notice  is  filed,  either 
with  the  rejDfistrar,  or  secretary,  or  chairman  for  the  county 
in  which  such  voter  claims  the  right  to  vote,  such  registrar, 
secretary,  or  chairman  shall  promptly  forward  by  registered 


Voting  by  Absent  Voters  89 

mail  a  legal  ballot  to  be  cast  by  such  voter,  in  such  primary 
or  general  election,  with  all  necessary  blanks  and  full  in- 
structions to  the  voter  to  enable  him  to  comply  fully  v^ith 
all  the  provisions  of  this  chapter.  But  the  voter  making 
such  application  shall  furnish  to  the  registrar,  secretary,  or 
chairman  the  required  amount  of  postage  to  be  used  by  such 
officer  in  forwarding  such  ballot,  together  with  definite  infor- 
mation as  to  the  exact  address  to  which  such  registered  ballot 
shall  be  mailed.  Such  written  notice  by  such  voter  shall  be 
delivered  in  person  or  sent  by  registered  mail  to  such  officer, 
and  may  be  addressed  to  and  received  by  either  of  them,  and 
a  registry  receipt  signed  by  such  officer  shall  be  evidence  of 
the  receipt  of  such  written  request.     (Id.,  subsec.  2.) 

230.  [ii74b4].  How  the  ballot  shall  be  mailed  and  ad- 
dressed.— When  the  voter  is  within  the  United  States,  or  any 
of  its  territories  or  dependencies,  such  ballot  shall  be  in- 
closed in  a  sealed  envelope  and  this  within  another  envelope 
addressed  to  the  voter  at  the  postoffice  designated  by  the 
voter  in  his  written  notice  hereinbefore  mentioned ;  and  when 
the  voter  is  not  within  the  jurisdiction  of  the  United  States, 
the  envelope  enclosing  the  ballot  shall  be  directed  to  the  voter 
in  care  of  the  nearest  American  consulate,  and  when  the 
voter  is  in  the  service  of  the  army  or  navy,  same  shall  be 
directed  to  him  in  care  of  his  commanding  officer.  (Id.,  sub- 
sec.  3.) 

231.  [ii74b5].  Ballot  shall  be  opened  and  filled  up  in  the 
presence  of  whom,  and  returned  by  registered  mail. — Upon 
receipt  of  such  registered  letter  forwarded  by  the  registrar, 
secretary,  or  chairman,  the  voter  shall  not  open  the  sealed 
envelope  containing  the  ballot,  except  it  be  in  the  presence 
of  the  postmaster  or  assistant,  or  of  an  officer  authorized  by 
law  to  administer  oaths ;  and  when  in  the  presence  of  such 
official,  and  in  his  full  view,  such  sealed  envelope  shall  be 
opened,  and  then  and  there,  in  the  presence  and  view  of  such 
official,  be  marked  or  filled  up  by  the  voter,  or  in  case  of  his 
inability  to  do  so,  by  the  official  under  his  direction,  and  said 
ballot  shall  then  be  folded  and  placed  within  an  envelope  pro- 
vided by  the  registrar,  secretary,  or  chairman,  for  that  pur- 
pose, and  the  same  shall  then  be  carefully  sealed,  and  the 
official  shall  write  his  name  across  the  seal  of  the  envelope 
inclosinsf  the  ballot,  and  sign  the  voucher  printed  upon  said 
envelope,  and  the  voter  shall  likewise  sign  a  voucher,  as  here- 
inafter indicated;  such  envelope  inclosing  said  ballot  to  be 


90  Election  Laws  of  Tennessee 

inclosed  within  another  envelope  directed  to  the  registrar,  sec- 
retary, or  chairman,  and  sent  by  registered  mail  immediately 
thereafter,  such  registration  to  bear  the  same  date  as  the 
voucher  of  said  official.     (Id.,  subsec.  4.) 

232.  [ii74b6].  If  voter  be  outside  of  the  United  States, 
his  ballot  shall  be  prepared  and  mailed  back,  how  and  by 
whom. — A  voter  receiving  his  ballot  outside  the  limits  of  the 
United  States,  except  when  in  the  service  of  the  army  or  navy, 
shall  prepare  and  seal  his  ballot  in  the  presence  of  the  Amer- 
ican consul  or  his  assistant,  if  the  letter  was  mailed  in  care 
of  the  consulate,  preserving  the  secrecy  of  the  ballot,  and  it 
shall  then  be  forwarded  by  the  consulate,  within  two  days 
thereafter,  in  the,  sealed  envelope  provided  as  aforesaid,  ad- 
dressed to  the  registrar,  secretary,  or  chairman.  If  the  voter 
is  in  the  service  of  the  army  or  navy,  his  commanding  officer, 
or  some  other  officer  duly  delegated  by  him,  shall  witness  and 
register  the  return  envelope  by  first  mail  leaving  his  command 
or  ship,  after  having  complied  with  all  the  requirements  of 
this  chapter.     (Id.,  subsec.  5.) 

233.  [ii74b7].  Name  of  applicant,  if  elegible,  to  be  en- 
rolled, and  certificate  to  be  made  and  forwarded,  with  return 
envelopes  and  instructions. — The  registrar,  secretary,  or  chair- 
man, upon  receipt  of  the  written  application  for  a  ballot  to  be 
voted  under  this  chapter,  shall  satisfy  himself  that  the  appli- 
cant is  entitled  to  vote  in  the  election  in  which  he  seeks  to 
participate,  and  shall  enroll  his  name  and  address,  if  found 
eligible,  in  a  book  to  be  provided  by  the  municipality  or 
county,  as  the  case  may  be,  and  make  out  the  certificate  and 
coupon  attached,  hereinafter  provided,  and  forward  same  to 
the  applicant  voter  by  registered  mail,  as  hereinbefore  set 
forth,  and  shall  also  inclose  in  said  letter,  the  following: 

(a)  An  envelope  containing  the  folded  ballot,  sealed  and 
marked  "Ballot  Within." 

(b)  An  envelope  for  resealing  the  marked  ballot,  form  of 
which  is  hereinafter  provided,  and  therein  called  "Voucher." 

(c)  An  envelope  properly  addressed  to  such  register,  sec- 
retary, or  chairman,  in  which  the  sealed  envelope  containing 
the  ballot  is  to  be  returned  to  the  officer  by  the  voter. 

(d)  A  printed  slip,  giving  full  instructions,  stating  the 
offices  to  be  filled,  the  number  to  be  voted  for  in  each  in- 
stance, how  to  mark  the  ballot,  how  it  must  be  prepared  and 
returned,  and  all  other  necessary  information  to  enable  the 


Voting  by  Absent  Voters  91 

voter  to  cast  a  legal  ballot  under  this  chapter.  (Id.,  sub- 
sec.  6.) 

234.  [  1 1 74b8] .  Form  of  certificate.— The  certificate  here- 
inbefore mentioned,  shall  be  substantially  as  follows : 

"This  is  to  certify  that is  a 

qualified  voter  in  the  state  of  Tennessee,  county  of 

,  city  of ,  ward  or  dis- 
trict No ,  and  is  entitled  to  vote  in  a  (primary  or 

general)  election,  to  be  held  on  the day  of 

,   19 AppHcation  for  ballot  was 

received  on  the day  of ,  19. . . ., 

from (postoffice)    and  mailed  to   the  applicant 

at (postoffice)    as   requested,   on 

the day   of , ,    19 A   copy   of 

this  certificate  is  filed  with  the  letter  of  appUcation. 

No 

(Signed)     

Registrar,  Secretary,  or  Chairman." 
(Id.,  subsec.  7.) 

235.  [ii74b9].  Envelope  marked  ''Ballot  Within"  not 
to  be  opened  except  in  whose  presence;  witness  to  ballot. — 

The  voter  shall  not  open  the  sealed  envelope  marked  "Ballot 
Within,"  except  in  the  presence  of  a  postmaster,  his  assistant, 
or  an  officer  having  authority  to  administer  oaths,  who  is  to 
witness  and  certify  the  act  of  preparing  and  sealing  the  ballot 
as  hereinbefore  stated.     (Id.,  subsec.  8.) 

236.  [1174b  10].  Ballot  may  be  marked,  how;  certificate 
by  officer. — The  voter  may  mark  his  ballot  secretly,  to  the 
extent  that  the  officer  may  not  know  the  names  of  the  can- 
didates voted  for,  if  the  voter  so  desires ;  but  this  is  at  the  op- 
tion of  the  voter.  When  the  ballot  has  been  marked  or  prepared 
and  folded  and  sealed  in  this  envelope  furnished  for  that  pur- 
pose, the  officer  shall  fill  out  the  following  blank,  detach  the 
coupon  from  the  certificate,  and  place  it  within  the  return 
envelope  containing  the  sealed  ballot,  viz : 

"The  name  given  by  the  voter  is ; 

his  color  is ;  height ;  age ;  color 

of  hair ;  color  of  eyes ;  his  weight  esti- 
mated at pounds ;  his  state,  county  and  precinct 

where  entitled  to  vote 

To  the  best  of  my  knowledge  the  above  information  is 


92  Election  Laws  of  Tennessee 

correct,  and  the  applicant  has  complied  with  the  requirements 
of  the  law  of  the  State  of  Tennessee. 

(Signed) " 

Postmaster,  Clerk,  Notary,  or  other  official  designation. 

The  certificate  made  in  territory,  without  the  jurisdiction 
of  the  ^United  States,  shall  be  signed  by  the  consular  officer ; 
and  if  the  voter  is  in  the  service  of  the  army  or  navy  of  the 
United  States,  it  shall  be  signed  by  some  commissioned  of- 
ficer or  other  person  duly  delegated  by  him.     (lb.) 

237.  [  1 1 74b  11].     Voucher  certificate  by  voter,  and  witness 

thereof. — On  the  back  of  the  return  envelope,  containing  the 
marked  ballot,  shall  be  the  following  voucher : 

"This  is  to  certify  that  the  inclosed  ballot  was  received  by 
me   as   per   my   application.     The   envelope    marked   "Ballot 

Within"  was  opened  by  me  in  the  presence  of 

(stating  the  officer's  name  and  official  designation)  and  was 
marked  or  prepared  or  filled  by  me,  or  under  my  direction,  and 
then  and  there  sealed  as  provided  by  the  law  of  the  State  of 
Tennessee. 

This day  of '....,  19 

Attest :    (Signed) 

Official  designation.  Voter's  name." 

The  voucher  shall  be  written  or  printed  in  substantially  the 
foregoing  form  on  the  back  of  said  envelope  and  the  name  of 
the  officer  or  some  part  of  it,  shall  be  so  written  across  the 
seal  as  to  prevent  the  same  being  tampered  with  or  opened 
without  detection.    (Id.,  subsec.  9.) 

238.  [ii74bi2].  Ballots,  etc.,  to  be  furnished  by  the  state 
comptroller;  how  prepared;  unused  ballots  to  be  returned. — • 

It  shall  be  the  duty  of  the  comptroller  of  the  State  of  Tennes- 
see to  have  prepared  all  necessary  blanks  and  information 
slips  and  furnish  same,  at  the  expense  of  the  state  to  all  regis- 
trars and  county  boards  of  election  commissioners  in  this 
state ;  however,  the  ballots  to  be  voted  under  this  chapter 
shall  be  prepared  under  the  direction  of  the  county  board  of 
election  commissioners,  who  shall  furnish  to  the  registrar  a 
sufficient  number  of  ballots,  each  properly  sealed  in  the  en- 
velope marked  "Ballot  Within,"  and  take  his  receipt  for  the 
same.  Within  five  days  after  the  election,  the  registrar  shall 
return  to  the  commissioners  of  elections  all  unused  ballots  in 
their  original  sealed  envelopes,  and  a  certified  list  of  voters 
with  their  addresses  who  have  received  ballots  to  be  voted 


Voting  by  Absent  Voters  93 

under  this  chapter.  Where  the  ordinary  three  by  seven  ballot 
is  prepared,  no  names  shall  be  written  or  printed  thereon 
before  the  same  is  received  by  the  applicant  voter,  but  only 
the  offices  to  be  filled  shall  be  written  or  printed  thereon,  and 
where  the  registration  laws  of  the  State  of  Tennessee  apply, 
the  names  of  the  candidates  for  the  various  offices  as  have 
then  certified  under  said  law  will  be  written  or  printed  tliere- 
on,  leaving  sufficient  space  for  the  voter  to  write  a  name  or 
names  not  found  on  said  ballot.     (Id.,  subsec.  lo.) 

Three  by  seven  ballot  law  is  not  in  force,  since  Acts  1921,  cli.  117, 
making  the  Dortch  ballot  law  applicable  to  all  counties,  cities,  towns, 
and  civil  districts  in  the  state,  regardless  of  population. — Ed. 

239.  [ii74bi3].  Ballot  to  be  recorded  and  deposited  in 
sealed  box,  with  certificate;  notice  for  sealed  ballot  boxes 
which  shall  be  delivered,  when;  seal  broken,,  when. — Upon 
receipt  by  the  registrar,  secretary,  or  chairman  of  the  reg- 
istered letter  containing  the  sealel  ballot,  properly  authenti- 
cated, as  prescribed  by  this  chapter,  such  officer  shall  note  on 
his  record,  opposite  the  name  of  the  voter,  in  ink,  the  date 
of  the  receipt  thereof,  on  which  date  he  shall  deposit,  in  a 
sealed  box  furnished  by  the  county  for  that  purpose,  the  en- 
velope containing  the  ballot,  without  opening  or  changing  the 
velope  in  any  way  whatever.  This  sealed  box  for  each  of 
the  wards,  voting  precincts,  or  districts,  shall  be  delivered  by 
the  officer  having  same  in  his  custody  to  the  officer,  or  one 
of  the  judges  holding  the  election,  not  later  than  the  closing 
hour  on  the  day  of  the  election.  The  registrar,  secretary,  or 
chairman  must  furnish  to  the  officer  or  judge  holding  the 
election,  along  with  the  sealed  box,  a  certificate  as  follows : 

"I  hereby  certify  that  I  received  out  of  the  United  States 
postoffice  all  the  sealed  envelopes  contained  in  the  sealed  box 

this    day    delivered    to (name    of    officer 

holding  election)  there  being (number  of) 

ballots  therein,  without  the  same  having  been  altered  since 
they  were  received  by  me,  or  being  out  of  my  possession  after 

having  been  received.    Witness  my  hand  on  this day 

of ,  19 

(Signed) , 

Registrar,  Secretary,  or  Chairman." 

It  shall  be  the  duty  of  such  registrar,  secretary,  or  chair- 
man, to  give  notice  to  an  officer  or  judge  of  election  at  all 
voting  places  where  voters  desire  to  cast  their  ballots  by  reg- 
istered mail,  under  the  provisions  of  this  chapter,  in  ample 
time  for  the  sealed  boxes  to  be  delivered  to  the  proper  elec- 


94  Election  Laws  of  Tennessee 

tion  officers.  These  sealed  boxes  may  be  delivered  not  more 
than  three  days  before  the  election,  and  not  later  than  the 
hour  of  closing  of  the  polls  according  to  law.  The  election 
officer  or  judge,  when  receiving  such  sealed  box  containing 
the  sealed  ballots,  shall  retain  the  same  in  his  possession  until 
the  seal  is  broken  in  the  presence  of  all  the  judges  and  clerks 
of  election  immediately  after  the  polls  are  closed  on  the  day 
of  election.     (Id.,  subsec.  ii.) 

240.  [1174b  1 4].     Notice  of  names  of  applicants  as  absent 

voters  to  be  posted. — At  least  seven  days  prior  to  the  election 
in  which  the  ballot  is  designed  to  be  cast,  the  registrar  or 
other  officer  to  whom  appHcation  for  ballots  has  been  made 
under  this  chapter  shall  post  in  a  conspicuous  place  at  the 
courthouse  and  also  at  the  municipal  hall,  in  the  case  of  a 
city  election,  a  full  and  complete  list  of  names  of  those  voters 
making  application  for  ballots  under  this  chapter,  stating  the 
district  or  ward  in  which  each  desires  to  vote.  (Id.,  sub- 
sec.   12.) 

241.  [ii74bi5].  Election  officer  or  judge  to  receipt  for 
the  sealed  box.^ — When  the  sealed  box  is  delivered  by  the  reg- 
istrar to  the  officer  or  judge  of  election,  such  officer  or  judge 
shall  give  receipt  for  the  same,  stating  the  condition  of  the 
box,  the  date  of  its  receipt,  and  shall  preserve  the  same  and 
have  the  same  at  the  polls  on  election  day,  in  order  that  the 
ballots  therein  may  be  properly  deposited  and  counted.  (Id., 
subsec.  13.) 

242. — [ii74bi6].  Sealed  ballots  received  after  delivery 
of  sealed  ballot  box  to  be  delivered  to  election  officer  or  judge. 

— In  case  any  sealed  envelope  should  be  received  by  the  regis- 
trar, secretary,  or  chairman,  after  the  sealed  box  has  been 
delivered  to  the  officer  of  election,  it  shall  be  his  duty  to  forth- 
with deliver  same  in  its  sealed  condition  to  such  officer  or 
judge  of  election,  to  be  deposited  in  said  sealed  box,  if  this  can 
be  done  by  the  exercise  of  due  diligence,  before  the  polls  close 
on  the  day  of  election.  A  like  receipt  shall  be  taken  for  the 
same.  It  shall  be  the  duty  of  the  officer  designated  to  hold 
the  election,  or  the  judge,  to  keep  said  sealed  box  or  sealed 
envelopes  in  his  own  possession,  securely  sealed,  and  have 
the  same  present  on  the  day  of  election,  as  hereinbefore  stated, 
(lb.) 

243.  [ii74bi7].  Sealed  box  to  be  opened,  and  absent 
voters  registered  as  if  present;  if  qualified,  the  ballot  is  opened 
and  vote  deposited  in  the  regular  ballot  box;  if  not  qualified. 


Voting  by  Absent  Voters  95 

the  envelope  is  not  opened^  but  return  thereof  shall  be  made. 

— At  the  close  of  the  regular  balloting,  the  sealed  box  is  to  be 
opened  by  the  judges  of  election  in  the  presence  of  all  the 
judges  and  clerks  and  the  officer,  as  each  envelope  is  removed 
from  the  box,  the  name  of  the  voter  is  to  be  called  and  checked 
as  if  the  voter  were  present  voting  in  person.  If  it  is  found 
that  he  has  paid  his  poll  tax,  as  required  by  law,  or  that  he  is 
not  liable  for  poll  tax,  and  that  he  is  otherwise  quaHfied  and 
is  legally  entitled  to  cast  his  vote  at  the  time  and  place  where 
his  ballot  is  thus  offered,  the  envelope  is  then  to  be  opened, 
the  folded  ballot  taken  therefrom  and  deposited  in  the  regular 
ballot  box,  without  being  examined  or  unfolded.  But  if  the 
judges  of  election  shall  determine  that  the  applicant  is,  for 
any  reason,  not  entitled  to  vote,  the  envelope  containing  his 
ballot  shall  in  no  case  be  opened,  but  the  same,  in  its  sealed 
condition,  shall  be  returned  along  with  the  other  records  of 
the  election,  as  part  thereof,  and  shall  be  preserved  by  the 
officers  whose  duty  it  is  to  have  custody  of  all  such  records 
(Id.,  subsec.  14.) 

244.  [1174b 1 8].  B€dlot  envelopes  and  records  to  be  cer- 
tified, with  reasons  for  rejecting  ballots;  misdemeanor  to 
receive  illegal  ballot  or  to  reject  legal  ballot. — ^When  all 
ballots  have  been  accounted  for  and  either  voted  or  rejected, 
the  empty  envelopes  from  which  the  voted  ballots  were 
taken,  as  well  as  the  sealed  envelopes  containing  the  rejected 
ballots,  if  any,  together  with  all  other  records,  relating  there- 
to shall  be  made  part  of  the  election  records,  and  certified  to 
proper  authorities.  The  judges,  or  a  majority  of  them  shall 
certify  their  reason  for  rejecting  each  and  every  ballot  re- 
jected by  them.  They  shall  be  guilty  of  a  misdemeanor  if  they 
receive  any  ballot  for  an  illegal  voter,  or  reject  any  ballot 
from  a  legal  voter,  where  he  has  complied  with  the  law  gov- 
erning his  application  to  vote.     (Id.,  subsec.  15.) 

245.  [ii74bi9].  Fee  of  registrar,  secretary,  or  chair- 
man.— ^The  registrar,  secretary,  or  chairman  shall  receive  a 
fee  of  twenty-five  cents,  to  be  paid  as  other  expenses  of  elec- 
tion, which  shall  be  in  full  for  all  his  services  in  connection 
with  the  record  of  each  voter  at  each  election.  (Id.,  sub- 
sec. 16.) 

246.  [ii74b2o].  Felony  for  illegal  voter  to  vote  or  at- 
tempt to  vote,  or  for  another  to  aid  or  abet  therein;  imprison- 
ment; venus. — It  shall  be  a  felony  for  any  person,  who,  for  any 
reason,  is  not  legally  entitled  to  vote  at  the  time  and  place 


96  Election  Laws  op  Tennessee 

where  he  votes  or  attempts  to  vote  under  this  chapter,  to 
vote  or  to  offer  to  do  so.  It,  shall  also  be  a  felony  for  any  per- 
son to  aid  or  abet  another  in  so  voting  illegally  or  offering  to 
do  so,  and  every  person  connected  therewith,  with  knowledge 
of  its  illegality,  shall  be  sentenced  to  the  penitentiary  not  less 
than  one  nor  more  than  three  years,  or  confined  in  the  county 
jail  or  workhouse,  at  the  discretion  of  the  trial  jury.  The 
venue  shall  be  in  the  county  where  such  fraudulent  ballot  is 
offered,  without  reference  to  the  place  it  was  prepared  or 
mailed.     (Id.,  subsec.  17.) 

247.  [ii74b2i].  Felony  for  election  officers  to  fail  to  per- 
form duties,  or  to  prevent  a  legal  vote  or  to  cause  an  illegal 
vote;  punishment. — It  shall  also  be  a  felony  for  any  of  the 

election  officials  connected  in  any  way  with  the  casting  of  a 
ballot  by  registered  mail,  to  fail,  willfully  and  fraudulently, 
to  perform  any  act  required  of  him  hereunder,  or  to  do  any 
act  in  connection  therewith  for  the  fraudulent  purpose  of 
preventing  a  legal  voter  from  casting  his  ballot  or  of  causing 
an  illegal  vote  to  be  cast  in  any  way  or  manner  to  do  any 
act  fraudulently,  which  may  be  calculated  to  affect  the  result 
of  the  election.  Such  offender  shall  be  punished,  as  stated  in 
the  preceding  section.     (lb.) 

248.  [ii74b22].  Unconstitutionality  of  part  shall  not 
vitiate  other  parts. — If  any  part  or  portion  of  this  chapter 
shall  be  void,  ineffective,  or  unconstitutional,  this  shall  not 
vitiate  other  portions  of  this  chapter.  (1917,  ch.  8,  sec.  2.) 
See  note  under  sec.  3052a36  of  the  Code ;  note  2  under  sec. 
3273a  120. 

249.  [ii74b23].  Liberal  construction  in  favor  of  right 
to  vote;  technical  irregularities  not  favored;  substantial  com- 
pliance.— Each  and  every  part  of  this  chapter  shall  be  liber- 
ally construed  in  favor  of  the  right  of  the  elector  to  cast  his 
ballot  under  this  chapter,  as  though  he  were  present  in  per- 
son, casting  the  same.  No  mere  technical  irregularity  shall  be 
ground  for  rejection  of  any  ballot,  but  if  the  provisions  of  this 
chapter  are  substantially  complied  with  by  the  voter  in  good 
faith,  then  his  ballot  shall  be  accepted  and  counted.  (Id., 
sec.  3.)  1 

250.  [ii74b24].  Primary  elections  included. — The  pro- 
visions contained  in  sections  227-249  shall  be  construed  and 
held  to  apply  to  all  primary  elections  to  be  hereafter  held 
under  and  in  accordance  with  the  laws  of  this  state.  (i9i7> 
ch.   104,  sec.  I.) 


Primary  Elections  Legalized  and  Registered  97 

251.  [ii74b25].  Duties  imposed  on  officers  in  regular 
elections     are    imposed    upon    primary    election    officers. — 

Wherever  a  duty  or  duties  is  imposed  upon  or  required  of  the 
chairman,  secretary,  or  board  of  county  election  commission- 
ers, in  the  aforesaid  sections,  227-249,  the  same  duty  or  duties 
with  respect  to  a  primary  election  is  imposed  upon  and  re- 
quired of  all  county  primary  election  boards,  their  chairmen, 
or  secretaries,  respectively.    (Id.,  sec.  2.) 

252.  [ii74b26].  Violation  by  chairman  or  secretary  of 
primary  elections  punishable  as  such  by  chairman  or  secre- 
tary of  regular  elections. — A  violation  of  any  of  the  pro- 
visions of  said  original  act  contained  in  the  aforesaid  sec- 
tions 227-249,  as  hereby  amended,  by  the  chairman  or  secre- 
tary of  the  board  of  county  primary  elections,  shall  be  deemed 
and  treated  as  the  same  offense  subject  to  the  same  punish- 
ment as  is  provided  for  the  same  violations  by  the  chair- 
man or  secretary  of  the  county  election  commissioners.  (Id., 
sec.  3.) 

Registraton  of  absent  voters  is  provided  for  in  sections  132  to 
136,  where  registration  of  voters  is  required  by  law  in  order  to  qualify 
them  to  vote. — Ed. 

CHAPTER  17. 

PRIMARY  ELECTIONS  ARE  LEGALIZED  AND  REGU- 
LATED. 

253.  [i377ai].  Definition  of  primary  elections. — A  pri- 
mary election,  within  the  meaning  of  this  chapter,  is  an  elec- 
tion held  within  the  state,  county,  city,  district,  or  subdivis- 
ion thereof,  as  the  case  may  be,  by  the  members  of  any 
political  party,  or  by  the  voters  of  some  political  faith,  for  the 
purpose  of  nominating  a  candidate  or  candidates  for  office ; 
and  ward  committeemen  and  district  committeemen ;  pro- 
vided, that  one  poll  list  shall  be  returned  to  the  county  court 
clerk,  the  other  to  the  chairman  of  the  governing  committee. 
(1901,  ch.  39,  sec.  I  ;  1905,  ch.  353.)     See  sec.  267. 

254.  [i377a2].  What  general  election  laws  apply  to  pri- 
mary elections. — All  primary  elections  held  in  this  state  by 
various  political  parties  shall  be  held  and  conducted  in  the 
same  form  and  manner  and  under  the  same  requirements  as 
are  or  shall  be  provided  by  law  for  the  holding  of  regular 
state  elections,  except  in  such  particulars  as  are  herein  ex- 
cepted.    (1901,  ch.  39,  sec.  2.) 


98  Election  Laws  of  Tennessee 

255.  [i377a3].  OfiFenses  against  general  elections  are 
offenses  against  primary  elections. — Any  act  or  deed  pro- 
nounced an  offense  by  the  general  laws  of  the  state  concern- 
ing elections  shall  also  be  made  an  offense  in  all  primary  elec- 
tions, and  shall  be  punished  in  the  same  form  as  is  provided  for 
the  punishment  of  similar  offenses  by  the  general  laws ;  and 
all  the  penalties  and  provisions  of  the  general  laws  shall 
apply  in  such  cases  with  equal  force,  and  shall  be  as  effective 
as  though  fully  set  out  in  this  chapter.     (1901,  ch.  39,  sec.  3.) 

256.  [i377a4].  Notice  of  election  to  contain  what;  how 
and  by  whom  given. — Whenever  it  shall  be  desired  by  the 
committee  or  governing  authority  of  any  political  party  to 
hold  a  primary  election  under  the  provisions  of  this  chapter, 
said  committee  or  governing  authority  shall,  at  least  thirty 
days  prior  to  such  primary  election,  give  public  notice  thereof, 
by  posting  such  notice  at  the  courthouse  door  and  at  one  or 
more  public  places  in  each  ward  or  district  in  the  county  in 
which  election  is  to  be  held,  or  by  publication  in  a  news- 
paper, if  there  be  one  published  in  said  district  or  county,  once 
a  week  for  at  least  two  weeks  prior  to  said  primary.  Such 
notice  shall  state  the  date  of  such  proposed  primary  election, 
the  hours  between  which  it  will  be  held,  the  offices  for  which 
candidates  are  to  be  nominated,  and  the  places  at  which  polls 
will  be  opened  at  such  primary  election.    (1901,  ch.  39,  sec.  4.) 

257.  [i377a5].  Who  may  vote. — All  persons  who  are 
legal  voters  shall  have  the  right  to  participate  in  such  pri- 
mary elections,  subject  to  such  additional  qualifications  as 
may  be  prescribed  by  the  committee  or  governing  authority. 
(1901,  ch.  39,  sec.  5.) 

258.  [i377a5].     Legal   voters^   may   vote,   when. — In    all 

counties,  districts,  wards,  or  precincts,  all  legal  electors,  or 
who  will  be  legal  electors  at  the  regular  elections  at  which 
the  candidate  is  to  be  voted  for,  shall  have  the  right  to  vote 
at  any  primary  election  held  by  any  political  party,  if  they 
conform  to  the  conditions  and  qualifications  prescribed  by 
the  committee  or  governing  authority  of  the  poHtical  party 
having  direction  and  control  of  such  primary,  by  applying  at 
the  polls  of  the  precinct  in  which  they  reside  and  making 
known  the  fact  that  they  conform  to  such  conditions  and 
qualifications  as  have  been  so  prescribed.  (1901,  ch.  39, 
sec.  6.) 

259.  [i377a7].    Right  to  vote  challenged  and  determined. 


Primary  Elections  Legalized  and  Registered  99 

— In  case  the  officers  of  such  primary  election  be  in  doubt 
as  to  the  right  of  any  person  to  vote,  such  person  shall  be 
sworn  by  the  judges  of  election  and  examined  as  to  his  right 
to  vote.  Any  bystanders  may  also  challenge  the  right  of 
any  person  to  vote,  and  in  all  cases  such  person  whose  right 
to  vote  is  so  challenged  shall  be  sworn  and  examined  as  here- 
inbefore set  forth.     (lb.) 

260.  [i377a8].     Officers  of  election;  number  and  duties. 

— The  officers  for  each  election  precinct,  ward  or  district,  in 
all  primary  elections  held  under  the  provisions  hereof,  shall 
be  the  same  number  as  required  and  designated  by  law  to 
hold  regular  state  elections,  and  their  duties  and  responsi- 
biHties  shall  be  precisely  the  same  as  those  of  legally  ap- 
pointed and  regularly  qualified  officers  of  regular  state  elec- 
tions.    (1901,  ch.  39,  sec.  7.)     See  sees.  83,  87,  92,  and  95. 

261.  [i377a9].  Officers  appointed,  how;  oath. — They 
shall  be  appointed  by  the  regularly  organized  and  constituted 
committee  or  governing  authority  of  the  political  party  hold- 
ing such  primary  election,  and  shall,  before  entering  upon  the 
discharge  of  their  respective  duties,  take  the  same  oath  re- 
quired to  be  taken  by  officers  of  regular  state  elections.  (lb.) 
As  to  oath,  see  sees.  51  and  52. 

262.  [1377a  10].  Officers  selected,  how. — The  officers 
in  each  primary  election  precinct,  ward  or  district  shall  be 
selected  from  list  furnished  by  the  ward  or  district  commit- 
teemen, at  least  ten  days  before  such  primary  election,  and 
shall  be  as  nearly  equally  divided  as  possible  as  to  judges, 
clerks,  and  officers  among  the  various  candidates.    (lb.) 

263.  [i377aii].     Powers  and  restrictions    of    officers. — 

The  officers  of  all  primary  elections,  held  under  the  provisions 
hereof,  shall  have  the  same  power  and  privileges  as  officers 
of  regular  state  elections,  and  shall  be  subject  to  the  same 
restrictiohs,  limitations,  and  conditions.     (lb.) 

264.  [1377a 1 2].  OfiFenses  in  officers  of  regular  elections 
are  offenses  in  primary  election  officers. — Any  act  or  deed 

denounced  by  general  law  as  an  ofifense  in  the  case  of  officers 
of  regular  state  elections  is  hereby  declared  to  be  an  offense 
in  the  case  of  officers  of  such  primary  elections,  and  shall  be 
punish'ed  in  the  same  form  and  manner  as  is  prescribed  by 
general  law.     (lb.) 

265.  [ii77ai3].     Candidates  to  submit  name  to  gOTem- 


100  Election  Laws  of  Tennessee 

ing  authority,  and  to  comply  with  conditions;  then  declared 
to  be  candidate  by  same. — Any  person  desiring  to  submit  his 
name  to  the  voters  in  a  primary  election  shall,  not  later  than 
fifteen  days  next  preceding  the  holding  of  such  primary  elec- 
tion, apprise  the  committee  or  governing  authority  of  the 
political  party  holding  such  primary  of  the  fact  that  he  is  a 
candidate,  and  upon  complying  with  the  conditions  prescribed 
by  the  committee  or  governing  authority  for  the  regulation 
of  candidates,  shall  be  declared  to  be  a  candidate  by  the  com- 
mittee or  governing  authority  of  such  political  party.  (1901, 
ch.  39,  sec.  8.) 

266.  [1377a  1 4].  Names  of  other  candidates  not  printed 
on  ballots,  but  voted  for,  how. — Any  person  who  has  not  given 
such  notice  to  the  committee  or  governing  authority,  or  who 
has  not  complied  with  the  conditions  prescribed  by  the  com- 
mittee or  governing  authority  for  the  government  of  candi- 
dates, shall  not  have  his  name  printed  on  the  ballots  used  in 
such  primary  election;  but  any  person  desiring  to  vote  for 
another  than  the  persons  whose  names  are  printed  on  such 
ballots  shall  have  the  right  to  do  so  by  writing  the  name  of 
the  person  for  whom  he  desires  to  vote  in  the  space  on  the 
ballot  set  apart  for  the  names  of  the  candidates  for  such 
office  as  he  may  desire  such  person  so  voted  for  to  hold.    (lb.) 

267.  [i377ai5].  Election  returns,  how  and  when  made; 
punishment  for  changing  or  altering  is  same  as  in  regular 
elections. — Within  such  time  as  is  provided  by  law  in  the  case 
of  state  elections  and  in  the  same  manner,  the  election  re- 
turns in  all  primary  elections  shall  be  deposited  with  the  com- 
mittee or  governing  authority  of  the  political  party  under 
whose  direction  and  control  such  primary  election  was  held, 
at  such  place  as  the  committee  or  governing  authority  shall 
designate  at  which  to  receive  such  returns,  and  any  person 
who  shall  change,  or  in  any  wise  alter  such  returns,  shall  be 
punished  in  the  same  form  and  manner  as  is  provided  by 
general  law  for  the  punishment  of  any  person  who  changes  or 
in  any  wise  alters  the  returns  of  a  regular  state  election. 
(1901,  ch.  39,  sec.  9.)     See  sec.  253. 

268.  [i377ai6].  Result,  how  declared. — The  duly  author- 
ized and  constituted  committee  or  governing  authority  in 
the  county  or  district,  in  which  a  primary  election  may  be 
held  hereunder,  is  hereby  empowered  to  count  the  votes  re- 
ceived by  all  candidates  in  such  primary  elections,  and  to 
declare  the  candidate  or  candidates,  in  cases  where  candidates 


Primary  Elections  Legalized  and  REGjSTEfi^n  *r  '1^1 

for  more  than  one  office  are  to  be  nominated,  'reeQivi/ig'  th^ .' 
highest  number  of  votes,  the  nominee  of  such  political  party' 
for  the  office  for  which  he  was  voted  for  at  such  primary- 
election.     (1901,  ch.  39,  sec.  10.) 

269.  [1377^17].  Tie  vote  or  contest  determined  by 
governing  authorities. — In  all  cases  of  a  tie  vote  or  contest, 
the  committee  or  governing  authority  of  the  political  party 
holding  such  primary  election  shall  have  the  power  to  hear 
and  determine  such  contest  and  decide  who  shall  be  entitled 
to  the  nomination.     (lb.) 

270.  [1377a 1 8].  No  candidate  receiving  a  majority,  the 
two  candidates  receiving  the  highest  votes  to  run  ofiF,  when; 
proceedings. — In  case  there  be  more  than  two  candidates  for 
nomination  to  any  office  voted  for  in  said  primary,  and  no 
one  candidate  receives  a  majority  of  the  votes  cast  at  said 
primary  election,  then  the  committee  or  governing  author- 
ity of  the  political  party  holding  such  primary  election  can, 
if  it  sees  fit,  order,  for  the  two  candidates  receiving  the  high- 
est number  of  votes,  a  run  off  to  determine  the  party  candi- 
date for  said  office ;  provided,  however,  if  this  section  of  the 
law  is  to  be  taken  advantage  of,  it  must  be  known  when  the 
primary  election  is  called.  The  proceedings  in  such  cases 
shall  be  in  such  form  and  manner  as  the  committee  or  gov^ 
erning  authority  shall  determine  upon.     (lb.) 

271.  [  1 377a  19].  Oath  of  conunittee  or  governing  author- 
ity.— Before  entering  upon  the  discharge  of  the  duties  set 
forth  in  this  chapter,  the  committee  or  governing  authority 
shall  be  sworn,  by  some  officer  authorized  by  law  to  admin- 
ister an  oath,  to  faithfully  and  honestly  discharge  the  duties 
herein  imposed.    (lb.) 

272.  [i377a2o].  Failure  to  perform  duty  is  a  misde- 
meanor; punishment. — And  the  failure  upon  the  part  of  any 
member  of  the  committe  or  governing  authority  to  discharge 
such  duties,  faithfully  and  honestly,  shall  be  deemed  a  mis- 
demeanor, and  the  persons  so  offending  shall,  upon  indictment 
and  conviction  in  the  circuit  or  criminal  court  of  the  county 
or  district,  be  fined  not  less  than  one  hundred  dollars,  nor 
more  than  five  hundred  dollars,  and  be  imprisoned  in  the 
county  jail  not  less  than  sixty  days  nor  more  than  one  year, 
(lb.) 

273.  [  1 377a2 1  ] .  All  expenses  borne  by  the  political  party 
holding  primary  election. — ^All  expenses  for  holding  such  pri- 


ip2*»  ;     ^   :\      'Election  Laws  of  Tennessee 

'mary  election  shall  be  borne  by  the  political  party  holding 
same,  and  the  cost  of  publishing  and  circulating  notice  of 
elections,  and  all  other  expenses,  including  all  expenses  in- 
curred by  reason  of  any  supplemental  registration  that  may 
be  ordred,  shall  be  defrayed  in  such  manner  as  may  be  pro- 
vided by  the  committee  or  governing  authority  of  the  political 
party  holding  such  primaries.  (1901,  ch.  39,  sec.  11;  1903, 
ch.  241.) 

274.  [i377a22].  Ballots  printed  as  in  regular  state  elec- 
tions.— The  ballots  used  in  such  primary  election  shall  be 
printed  by  order  of  the  committee  or  governing  authority 
having  direction  and  control  of  such  primaries,  under  the 
same  restrictions  and  limitations  as  is  provided  by  general 
law^  for  the  printing  of  ballots  used  in  regular  state  elections. 
(lb.)  I 

275.  [i377a23].  Applies  to  all  primaries. — The  provis- 
ions of  this  chapter  shall  apply  to  all  primary  elections  held 
for  the  purpose  of  nominating  candidates  for  state,  county, 
district,  or  municipal  offices  hereafter  held  in  this  state.  (1901, 
ch.  39,  sec.  12.) 

Application  of  this  chapter  is  restricted  by  chapter  18. — The 
compulsory  primary  law,  subsequently  enacted  and  compiled  in  chap- 
ter 18,  embracing  sections  281  to  329,  applies  to  party  nominations 
for  members  of  the  general  assembly,  governor,  railroad  commission- 
ers and  representatives  and  senators  in  the  United  States  congress, 
and  to  that  extent  restricts  the  application  of  this  chapter  (17).  See 
sees  281  and  282.— Ed. 

276.  [i377a24].  Inspectors  of  casting  and  counting  bal- 
lots appointed  by  candidates;  how;  privileges. — Each  of  the 
candidates  voted  for  at  any  election  held  under  the  provisions 
of  this  chapter  shall  be  entitled  to  an  inspector  of  count,  and 
for  that  purpose  may  appoint  in  writing  an  inspector  of  count 
to  be  present  and  w^itness  the  casting  and  count  of  the  ballots 
in  said  election  in  each  voting  place  in  the  district,  v^ard,  or 
county  v^herein  said  election  is  held,  and  said  inspector  shall 
have  free  access  to  the  polling  places  during  the  progress  of 
said  election ;  provided,  if  there  be  more  than  five  and  less 
than  ten  candidates,  any  tv^o  of  said  candidates  shall  jointly 
Appoint  one  inspector;  if  there  be  more  than  ten  candidates 
and  less  than  tv^^enty,  then  any  three  of  said  candidates  shall 
jointly  appoint  one  inspector,  and  for  all  over  twenty,  then 
any  five  of  said  candidates  shall  jointly  appoint  such  inspector. 
It  shall  be  the  duty  of  the  judges  on  the  close  of  the  polls  to 
admit  -to  the  count  of  the  vote  as  inspector  any  person  as 


Primary  Elections  Legalized  and  Registered        103 

herein  provided,  who  submits  to  them  an  appointment  in 
writing  from  any  candidate  or  candidates.  (1901,  ch.  39, 
sec.  13.)     See  sec.  ^. 

277.  [1377^^5]-  Judges  to  permit  presence  of  inspectors; 
refusal  is  a  misdemeanor;  fine. — ^Any  person  presenting  to 
the  judges  of  said  election  an  appointment  in  writing  from 
any  candidate  or  candidates  at  the  close  of  the  polls  as  afore- 
said shall  be  permitted  to  be  present  and  witness  the  count 
of  the  ballots,  and  any  judge  or  officer  of  election  who  shall 
prevent  such  authorized  inspector  to  be  present  at  the  count 
of  the  balloes  shall  be  guilty  of  a  misdemeanor,  and  shall, 
upon  indictment  and  conviction  in  the  circuit  or  criminal 
court,  be  fined  not  less  than  $100  nor  more  than  $500.  (lb.) 
See  sec.  86. 

278.  [i377a26].  Hours  of  election. — ^The  committee  or 
governing  authority  of  the  political  party  holding  such  elec- 
tion shall  designate  in  the  public  notice  required  to  be  given 
of  said  election  the  hours  between  which  said  election  shall 
he  held;  provided,  no  election  shall  be  held  before  the  hour 
of  7  a.  m.  and  not  later  than  9  p.  m.  in  the  different  wards 
and  districts  of  counties  affected  by  this  chapter.  (1901,  ch. 
39,  sec.  14.) 

279.  [i377a27].     Poll  tax  law  does  not  apply. — A  poll 

tax  receipt  and  the  prepayment  of  poll  tax  required  by  the  gen- 
eral law  as  a  condition  precedent  shall  not  apply  to  primary 
elections   held  under  this   chapter.     (1901,  ch.   39,   sec.    15.) 

280.  [i377a28].  Saloons  to  be  closed  during  hours  of 
primary  election. — ^The  provisions  of  the  general  law  requir- 
ing saloons  to  be  closed  the  day  of  election  shall  only  apply 
during  the  hours  of  said  primary  election.  (1901,  ch.  39, 
sec.  16.) 

1.  Primary  elections  are  legalized  and  regulated  in  certain  coun- 
ties.— By  Acts  1907,  ch.  422,  primary  elections  of  political  parties  are 
legalized  and  regulated  in  counties  having  a  population  of  not  less 
than  110,000  nor  more  than  130,000  inhabitants,  according  to  the  fed- 
eral census  of  1900  or  any  subsequent  federal  census.  By  Acts  1909, 
ch.  399,  primary  elections  in  cities  located  in  counties  within  said 
population  limits  are  regulated.  Under  the  federal  censuses  of  1900 
and  1910,  and  under  Hall  v.  State,  16  Gates,  235,  238,  239,  243-246 
(headnotes  6'  and  8),  the  first  named  act  is  applicable  in  all  primary 
elections  held  in  Davidson  county,  and  the  second  mentioned  act  is 
applicable  to  certain  city  elections  in  said  county. 

By  Acts  1899,  ch.  407,  primary  elections  are  provided  for  and  regu- 
lated in  counties  having  a  population  of  not  less  than  100,000  and  not 
more  than  110,000  inhabitants,  by  the  federal  census  of  1890,  or  any 


104  Election  Laws  of  Tennessee 

subsequent  census.  Under  the  federal  censuses  ot  1890,  1900, 
and  1910,  and  under  Hall  v.  State,  16  Gates,  235,  238,  239,  243-246 
(headnotes  6  and  8),  said  act  is  applicable  alone  in  Davidson  county. 
By  Acts  1901,  ch..  12,  primary  elections  are  provided  for  and  regu- 
lated in  counties  having  a  population  of  not  less  than  110,000  nor  more 
than  130,000  inhabitants,  by  the  federal  census  of  1900  or  any  subse- 
quent census.  Under  the  federal  censuses  of  1890,  1900,  and  1910,  and 
under  Hall  v.  "State,  16  Gates,  235,  238,  239,  243-2-46  (headnotes  6  and 
S),  this  act  is  applicable  alone  in  Davidson  county.  Said  Acts  1899, 
ch.  407,  and  1901,  ch.  12,  are  probably  superseded  and  made  non- 
effective by  Acts  1907,  ch.  422,  noted  in  the  preceding  paragraph. — Ed. 
2.  Compulsory  primary  law  for  political  nominations  held  to  be 
unconstitutional — Acts  1909,  ch.  102,  establishing  a  compulsory  sys- 
tem of  legalized  primary  law  for  political  nominations,  was  held  to 
be  unconstitutional,  because  its  body  is  broader  than  its  title,  for  its 
arbitrary  classification,  and  because  it  is  arbitrary,  oppressive,  and 
unreasonable,  in  certain  of  its  provisions  which  could  not  be  elided 
or  exscinded,  so  as  to  rescue  and  preserve  the  rest  of  the  act.  Ledg- 
erwood  v.  Pitts,  14  Gates,  570,  584,  605-612  (headnotes  5-8).  See 
Const.,  p.  81,  note  10;  p.  230,  note  41;  p.  234,  note  56;  p.  548,  note  64. 


CHAPTER  18. 

COMPULSORY    SYSTEM    OF    LEGALIZED    PRIMARY 

ELECTIONS  FOR  CERTAIN  POLITICAL 

NOMINATIONS. 

28L  [i377a28bi].  Law  applies  to  what  party  nomina- 
tions for  what  offices;  compliance  with  this  law  is  prerequi- 
site to  placing  candidates  on  official  ballots;  exceptions. — All 

party  nominations  of  candidates  hereafter  in  this  state  made 
for  office — for  members  of  the  general  assembly,  governor, 
railroad  commissioner  and  representatives  and  senators  in 
the  United  States  congress — elected  by  the  electors  of  the 
state  at  the  regular  November  election,  except  as  hereinafter 
provided,  shall  be  made  in  and  by  party  primary  elections  held 
for  each  political  party  within  the  terms  of  this  chapter  and 
in  the  manner,  at  the  time  and  under  the  requirements  pre- 
scribed by  this  chapter,  and  unless  this  chapter  is  complied 
with,  party  nominations  falling  within  the  terms  of  same  shall 
not  be  placed  upon  the  official  Ballots  provided  for  by  the  laws 
of  the  State  of  Tennessee  for  general  elections;  provided, 
however,  that  presidential  electors  shall  be  excluded  from  the 
provisions  of  this  chapter;  and  provided  further  that  this 
chapter  shall  not  apply  to  nonpartisan  candidates,  or  to  can- 
didates desiring  to  become  candidates  independent  of  party 
nominations,  nor  shall  it  apply  to  persons  of  any  party  affilia- 
tion which  party  did  not  at  the  general  November  election  next 


Compulsory  Legalized  Primary  E-lections  105 

preceding  the  primary  election  cast  more  than  ten  per  cent, 
of  the  entire  vote  of  the  state  for  such  parties'  nominee  for 
governor.  (191 7,  ch.  118,  sec.  i;  1921,  ch.  12,  sec.  i.)  See 
sees.  275,  and  note. 

282.  [I377a28b2].  Such  primary  elections  to  be  held  at 
the  regular  August  election. — On  the  day  of  the  next  regular 
August  election,  to  be  held  upon  the  first  Thursday  in  August, 
1918,  and  biennially  thereafter  on  said  day,  there  shall  be  held 
in  all  voting  precincts  of  this  state  primary  elections  for 
making  the  nominations  provided  for  in  section  281  hereof, 
the  said  primary  elections  to  be  held  within  the  legal  hours 
for  elections  now  applicable  thereto  by  the  general  laws  of 
the  state.    (1917,  ch.  118,  sec.  2.) 

283.  [i377a28b3].  Nominations  determined  by  highest 
number  of  popular  votes. — Party  nominations  in  the  primaries 
provided  by  this  chapter  shall  be  determined  by  th«  candi- 
date, or  candidates,  who  receive  the  highest  number  of  popu- 
lar votes  cast  in  such  primaries ;  and  such  candidates  so  re- 
ceiving the  highest  number  of  votes  in  said  election  shall  be 
declared  the  party  nominees  in  the  manner  prescribed  by  this 
chapter.    (Id.,  sec.  3.) 

284.  Party  nominations  for  candidates  to  fill  vacancies, 
how  made;  notices. — ^Whenever  a  vacancy,  by  death,  resigna- 
tion, removal,  or  otherwise  occurs  in  any  office  for  which 
party  nominations  are  provided  by  this  chapter,  and  said  va- 
cancy is  to  be  filled  by  special  elections  to  be  called  and  held 
as  provided  now  by  law,  such  party  nominations  of  candidates 
may  be  made  as  follows : 

In  the  case  of  nominatinos  for  officers  to  be  elected  by 
only  one  county,  the  party  executive  committee  of  said  county 
shall  meet  pursuant  to  five  days'  written  notice  by  the  chair- 
man thereof  served  on  the  members  of  said  board  in  the  man- 
ner provided  for  in  this  amended  act,  and  by  suitable  resolu- 
tion passed  by  said  board,  may  provide  a  method  of  making 
said  nominations  either  by  a  convention  to  be  called  or  a  spe- 
cial primary  election  as  the  exigencies  of  the  occasion  may 
suggest  and  to  the  said  committee  may  seem  best,  which 
resolution  shall  be  published  in  some  newspaper  published  in 
the  county,  or  if  none  be  published  therein,  then  by  written 
or  printed  notices  posted  at  the  courthouse  door  in  said  county 
for  as  much  as  two  weeks,  if  sufficient  time  exists  for  same, 
or  longer  at  the  option  of  said  board,  before  the  date  fixed 


106  Election  Laws  of  Tennessee 

for  said  convention  or  primary  election.    (1921,  ch.  12,  sec.  2.) 

285.  Time  for  filing  nominating  petitions;  appointment 
of  judges,  officers,  and  clerks. — ^And  if  they  provide  for  such 
primary,  they  may  fix  the  length  of  time  for  filing  nominating 
petitions  at  such  time  as  they  think  best,  and  adopt  the  pro- 
visions of  this  chapter  as  to  appointing  judges,  officers,  clerks, 
etc.,  and  apply  the  same  as  near  as  may  be  to  said  special  pri- 
mary election.     (lb.) 

286.  Nominations  in  districts  of  two  or  more  counties; 
executive  committee  and  chairman;  notice. — In  the  case  of 
nominations  for  officers  to  be  elected  by  two  or  more  counties 

or  in  any  floterial,  senatorial,  or  congressional  districts,  the 
several  chairmen  of  the  party  executive  committees  in  the 
•  counties  composing  said  districts  shall  be  and  are  constituted 
a  committee  with  the  authority  herein  stated;  and  the  chair- 
man of  the  party  executive  committee  in  that  county  in  said 
district,  which  cast  the  highest  number  of  votes  for  the  nom- 
inee for  governor  of  the  respctive  parties  at  the  next  pre- 
ceding general  election,  shall  be  the  chairman  of  such  com- 
mittee, and  he  is  authorized  to  call  said  committee 
together  by  five  days'  written  notice,  either  handed  by  him  in 
person  or  sent  by  registered  mail  to  all  the  other  members  of 
said  committee,  return  register  receipt  being  sufficient  evidence 
of  the  service  of  said  notice,  which  notice  shall  call  said  mem- 
bers to  meet  at  a  time  and  place  to  be  set  out  therein.     (lb.) 

287.  Resolution  by  quorum  of  committee  for  nominations 
by  convention  or  special  primary  election;  publication  or 
posted  notices  as  to  date. — And  said  committee  when  so  called 
is  authorized  to  provide,  by  suitable  resolutions  passed  by  a 
majority  of  those  present  at  said  meeting  (a  majority  of 
those  entitled  to  attend  said  meeting  constituting  a  quorum 
for  the  transaction  of  business)  a  method  of  making  said 
nomination,  either  by  a  convention  of  the  kind  designated  by 
them  or  a  special  primary  election  as  the  exigencies  of  the 
occasion  may  suggest  and  to  said  committee  may  seem  best, 
which  resolution  shall  be  published  as  much  as  two  weeks,  or 
longer  if  the  committee  sees  proper,  in  each  county  com- 
posing the  district,  in  some  newspaper  published  therein,  and 
if  no  newspaper  is  published  in  said  county,  then  by  written  or 
printed  notices  posted  at  the  courthouse  door  in  said  county, 
the  time  of  such  notices  to  be  governed  by  the  length  of  time 
available  for  such  publication  in  the  discretion  of  said  com- 
mittee, before  the  date  fixed  for  said  convention  or  primary 
election.     (lb.) 


Compulsory  Legalized  Primary  Ejections  107 

288.  Time  for  filing  nominating  petitions  for  candidates 
in  primary;  election  judges,  officers,  and  clerks;  returns,  etc 

• — And  if  the  committee  provides  for  holding  a  primary  elec- 
tion, they  may  fix  such  time  as  to  them  seems  proper  to  file 
with  the  chairman  nominating  petitions  for  candidates,  and 
adopt  such  other  provisions  of  this  compulsory  primary  elec- 
tion law  as  to  appointing  judges,  officers,  and  clerks  of  elec- 
tion or  as  to  the  method  of  holding  such  primary,  canvassing 
the  returns,  declaring  the  nominee,  ets.,  as  to  them  may 
seem  proper  and  best.     (lb.) 

289.  Offenses  and  punishments  under  sections  284  to  289 
same  as  under  sections  281-283  and  290  to  329. — All  the  pro- 
visions of  the  compulsory  election  law  compiled  in  sections 
281-283  and  290-329,  which  is  being  amended  by  sections  284- 
289,  relative  to  offenses  and  punishment  for  the  violation  of 
the  terms  of  the  same  applying  to  regular  primary  elections 
held  under  said  sections  281-283  and  290-329  shall  apply  to 
primary  elections  to  be  held  as  provided  by  this  amendment 
compiled  in  sections  284-289  for  party  nominations  by  special 
primary  elections.     (lb.) 

290.  [i377a28b4].  Executive  conmiittee  of  each  political 
party  shall  be  the  primary  election  commissioners  for  such 
party. — ^The  executive  committee  for  the  state,  or  governing 
body  of  the  state,  for  each  of  the  political  parties  provided  for 
in  this  chapter,  shall  have  and  exercise  the  powers  conferred 
and  perform  the  duties  prescribed  by  this  chapter,  as  primary 
election  commissioners  for  the  party  the  same  represent. 
(1917,  ch.  118,  sec.  4.) 

Primary  election  commissioners  named  for  the  democratic  and 
republican  parties  until  the  regular  August  election  in  1918  are 
omitted  as  a  temporary  provision  no  longer  in  force. — Ed. 

291.  [i377a28b5].  Oath  of  state  and  county  primary 
election  commissioners. — The  said  state  executive  commit- 
teemen here  above  named,  acting  in  their  respective  capacities 
as  primary  election  commissioners,  shall  before  entering  upon 
the  discharge  of  their  duties,  respectively,  take  oaths  of  office, 
to  be  filed  in  the  office  of  the  secretary  of  state,  to  support  the 
constitution  of  the  United  States,  the  constitution  of  the  State 
of  Tennessee,  and  that  they  will  honestly,  fairly,  and  impar- 
tially discharge  the  duties  of  their  office  without  fear,  favor, 
or  impartiality  [partiality],  to  the  best  of  their  ability,  and  a 
similar  oath  shall  be  taken  by  the  county  primary  election 
commissioners  hereinafter  provided  for  in  this  chapter,  the 


108  Election  Laws  op  Tennessee 

same  to  be  filed  in  the  office  of  the  respective  county  court 
clerks  of  the  countis  for  which  they  are  selected.    (Id.,  sec.  5.) 

292.  [i377a28b6].  Election  of  state  executive  commit- 
tees who  shall  constitute  boards  of  primary  election  com- 
missioners for  their  respective  parties. — Upon  the  date  of  the 
first  primary  to  be  held  under  this  chapter,  and  biennially 
thereafter,  new  party  executive  committes  shall  be  elected 
by  congressional  districts,  according  to  the  provisions  of  this 
chapter,  for  political  parties,  subject  to  the  provisions  hereof, 
to  consist  of  two  from  each  congressional  district  in  the  state, 
and  the  said  executive  cmmitteemen  thus  elected  shall  con- 
stitute the  respective  boards  of  primary  election  commis- 
sioners for  their  respective  parties  for  the  ensuing  two  years, 
to  take  office  on  September  ist,  following  their  election,  or 
as  soon  thereafter  as  they  are  qualified.     (Id.,  sec.  6.) 

292.  [i377a28b7].  Boards  to  fill  vacancy  in  member- 
ship; majority  to  control;  quorum. — ^The  respective  members 
of  the  state  primary  election  boards  herein  provided  for  shall 
have  power  to  fill  any  vacancies  occurring  in  their  member- 
ship by  death,  resignation,  or  otherwise,  during  their  term  of 
office.  The  said  respective  primary  election  boards  in  their 
meetings  and  deliberations  shall  be  controlled  by  a  majority 
of  the  members  thereof,  and  the  vote  of  a  majority  of  either 
of  said  primary  election  boards  shall  be  necessary  to  carry 
any  motion,  order,  or  resolution,  or  other  act  of  said  boards, 
and  fifteen  members  of  said  primary  election  board  shall  con** 
stitute  a  quorum  thereof  for  the  purpose  of  transacting  busi- 
ness, but  a  less  number  than  a  quorum  may  meet  and  adjourn 
from  day  to  day,  and  may,  by  proper  process,  compel  the 
presence  of  absent  members.     (Id.,  sec.  7.) 

293.  [I377a28b8].  State  primary  board  to  elect  county 
primary  election  commissioners;  division  among  candidates. 

— The  said  respective  state  boards  of  primary  election  com- 
missioners hereinbefore  provided  for  shall  meet  at  the  capitol, 
in  the  city  of  Nashville,  Tennessee,  subject  to  the  calls  of 
their  respective  chairmen,  on  or  before  the  first  Monday  in 
June,  1918,  and  on  the  first  Monday  in  June  every  two  years 
therafter,  for  the  purpose  of  selecting  and  appointing  county 
boards  of  primary  election  commissioners  for  each  county  in 
the  state.  At  which  meeting  the  said  democratic  state  board 
of  primary  election  commissioners  shall  appoint  five  commis- 
sioners to  compose  the  county  democratic  primary  boards  in 
each  county  of  the  state,  and  the  said  republican  state  board 


Compulsory  Legalized  Primary  Elections  109 

of  primary  election  commissioners  shall  appoint  five  com- 
missioners to  compose  the  county  republican  primary  boards 
of  the  respective  counties.  Said  county  primary  election  com- 
missioners shall  be  members  of  their  respective  executive 
committees,  to  be  nominated  and  certified  by  the  county  com- 
mittee to  the  state  board  of  primary  commissioners  from  lists 
furnished  the  county  committee  by  the  candidates  who  may 
have  qualified  in  said  election  for  the  respective  offices  for 
which  nominations  are  to  be  made  in  the  primary  election  to 
be  held,  to  be  divided  equally  among  the  candidates  as  possible, 
three  of  whom  shall  constitute  a  quorum  for  the  transaction 
of  business.     (Id.,  sec.  8.) 

294.  [I377a28b9].  Terms  of  county  primary  election 
board;  oath;  vacancies  filled. — The  terms  of  office  of  the  said 
county  primary  election  boards  shall  be  for  two  years  from 
the  date  of  their  respective  appointments,  provided,  however, 
that  the  said  county  primary  election  boards  shall  continue  in 
office  until  their  successors  are  appointed  and  qualify,  and 
provided  further  that  the  said  county  primary  election  boards 
before  organization  and  entering  upon  the  discharges  of  their 
respective  duties,  shall  subscribe  to  the  oath  hereinabove 
[section  291]  provided.  Any  vacancies  occurring  in  said  pri- 
mary election  boards  by  death,  resignation,  or  otherwise  shall 
be  filled  by  the  said  state  primary  election  board  appointing 
the  said  county  commissioners,  and  such  commissioners  so 
elected  to  fill  the  vacancy  shall  hold  office  during  the  unex- 
pired term  for  which  he  was  elelted.     (Id.,  sec.  9.) 

295.  ri377a28bio].  Chairmen  may  call  special  meetings 
by  written  notice  to  members. — The  chairman  of  any  state 
primary  board,  or  of  any  county  primary  board,  may  call 
special  meetings  of  the  said  respective  boards  upon  five  days' 
written  notice,  served  either  in  person  or  by  registered  letter, 
upon  the  respective  committeemen.  Said  notice  to  name 
the  time,  place,  and  purpose  for  which  the  said  special  or  ex- 
traordinary meeting  is  called.     (Id.,  sec.  10.) 

296.  [i377a28bii].  Precinct  primary  election  officers 
appointed;  oath;  authority  limited;  vacancies  filled;  names  to 
be  published  or  posted. — The  officers  selected  to  hold  primary 
elections  under  this  chapter  shall  be  appointed  by  the  respec- 
tive county  election  boards,  to  wit :  A  receiving  officer,  three 
judges,  and  two  clerks  for  each  party,  and,  in  making  such 
appointments,  the  said  county  primary  board  shall  select  or 
appoint  bona  fide  members  of  the  party  holding  said  primary 


110  Election  Laws  op  Tennessee 

and  as  near  as  possible  divide  the  respective  precinct  officers 
between  the  candidates  running  in  said  party  primaries,  the 
said  selection  of  precinct  officers  to  be  made  from  a  list  fur- 
nished by  candidates  running,  or  by  their  respective  county 
managers  where  such  Hsts  are  furnished  to  the  said  county 
primary  boards.  Before  the  said  precinct  election  officers  shall 
enter  upon  the  discharge  of  their  respective  duties,  they  shall 
subscribe  to  an  oath  to  faithfully,  impartially,  and  honestly 
hold  and  conduct  the  said  primary  election,  according  to  the 
laws  of  the  state,  and  without  fear,  favor,  or  partiality  to  any 
candidate.  No  officer  appointed  or  officiating  in  any  party  pri- 
mary shall  interfere  or  have  any  authority  over  the  conduct  of 
any  other  primary.  If  any  precinct  election  officer  so  selected 
by  the  county  primary  boards  shall  fail  or  refuse  to  act,  and 
the  said  primary  election  boards  shall  not  fill  the  vacancy  prior 
to  the  opening  of  the  polls,  then  such  vacancy  shall  be  filled  by 
the  officers  appearing  and  serving.  The  officers  so  selected  to 
fill  the  vacancy  to  be  from  the  supporters  of  the  candidate  or 
canddates,  represented  by  the  officer  whose  failure  to  serve 
causes  such  vacancy.  Should  all  of  the  officers  selected  to 
serve  in  any  precinct  fail  or  refuse  to  serve,  then,  in  that 
event,  the  voters  of  the  said  political  party  represented  by 
said  declining  officers  present  at  the  opening  of  the  polls  shall 
select  the  precinct  election  officers  to  hold  said  primary  elec- 
tion in  such  precinct,  giving  as  near  equal  representation  as 
possible  to  all  candidates  running  in  said  primary,  and  such 
officers  so  selected  shall  thereupon  proceed  to  open  and  hold 
said  primary  election.  The  said  county  primary  election 
board  shall  select  and  publish  the  precinct  election  officers  at 
least  ten  days  before  the  date  of  any  primary  election  to  be 
held  under  this  chapter.  The  names  of  the  officers  so  selected 
shall  be  published  in  some  newspaper  in  the  county  for  which 
they  are  selected,  if  there  be  such  published  therein,  and  if 
not,  their  names  shall  be  posted  for  ten  days  at  the  courthouse 
door  of  said  county.     (Id.,  sec.  ii.) 

297.  [i377a28bi2].     Primary  election  officers  are  punish- 
able for  the  same  offenses  as  general  election  officers. — Any 

act  or  deed  declared  by  the  general  laws  of  the  state  an  offense 
in  the  case  of  a  general  election  is  hereby  made  an  offense  in 
case  of  officers  of  such  primary  election,  and  shall  be  punish- 
able in  the  same  form  and  manner  as  now  prescribed  by  law. 
(Id.,  sec.  12.) 

298.  [i377a28bi3].     Compensation    of    primary    election 


Compulsory  Legalized  Primary  Elections  111 

officers  and  primary  county  boards. — The  officers  of  the  said 
primary  election  shall  receive  the  same  compensation  to  be 
paid  in  the  same  way  as  now  provided  by  law  for  the  payment 
of  officers  of  regular  elections.  The  compensation  of  the  said 
county  primary  election  boards  shall  be  fixed  and  paid  by  the 
respective  county  courts  of  the  counties  in  which  they  serve, 
(lb.) 

299.  [I377a28bi4].  Ballots,  poll  lists,  and  tally  sheets, 
how  furnished  and  paid  for;  number;  how  prepared;  ballot 
counted  and  certified;  returns;  results  announced;  certified 
copy  thereof. — The  ballots  to  be  used  in  said  primary  elec- 
tions, the  poll  lists  and  tally  sheets  thereof  shall  be  prepared 
and  provided  for  by  the  respective  county  pri- 
mary election  boards  and  shall  be  paid  for  out  of 
the  countyl  funds.  At  least  two  hundred  ballots 
to  each  one  hundred  votes  cast  at  the  last  regular 
election  shall  be  provided  and  furnished  at  each  voting 
place  ;  each  set  of  election  officers  shall  be  furnished  with  a  du- 
plicate set  of  poll  lists  and  tally  sheets,  upon  which  are  to  bc! 
recorded  the  name  of  each  voter  and  each  tally  sheet  shall 
have  printed  or  written  thereon  the  names  of  all  candidates 
to  be  voted  for  by  the  voters  of  the  party  for  which  it  is  pro- 
vided, which  names  shall  be  arranged  in  alphabetical  order, 
under  the  heads  of  the  offices  for  which  they  are  candidates, 
and  the  same  arrangement  of  names  shall  be  made  upon  the 
printed  ballots  used  therein.  The  ballots  cast  in  such  primary 
elections  shall  be  counted  and  the  results  certified  to  by  the 
officers  on  the  tally  sheets  provided  for  the  respective  parties 
in  like  manner  as  provided  for  the  counting,  certification,  at- 
testation, and  return  of  the  ballots,  poll  lists,  tally  sheets,  and 
returns  in  regular  elections  and  all  the  ballots,  poll  lists,  and 
tally  sheets  used  in  said  elections  shall  be  delivered  to  the  re- 
spective chairmen  of  the  county  primary  boards  of  the  county 
for  which  said  election  officers  shall  have  received  their  ap- 
pointments not  later  than  12  o'clock  noon,  on  Monday  follow- 
ing said  primary.  When  counting  of  the  ballots  in  any  pre- 
cinct is  completed,  the  officers  of  elections  shall  publiclv  an- 
nounce and  proclaim  the  result  thereof,  and  the  officers  thereof 
shall,  on  demand  of  any  voter  present,  furnish  to  him  a  certi- 
fied copy  of  the  result  of  the  said  election  in  said  precinct. 
(Id.,  sec.  13.) 

300.  r  T  ?77a28b  ml.  Oualificmtion  of  primary  voters :  pay- 
ment of  poll  taxes;  registration. — No  person  shall  be  eligible 
to  vote  in  the  primaries  provided  for  in  this  chapter  who  shall 


112  Election  Laws  of  Tennessee 

not  be  qualified  to  vote  in  the  next  general  election  held  under 
the  laws  of  this  state  in  the  following  November.  Each  voter 
before  voting  in  such  primaries,  shall  produce  the  regular  evi- 
dence required  by  the  general  laws  of  the  state  that  he  has 
paid  his  poll  tax  imposed  upon  him  by  law  for  the  year  next 
preceding  the  primary  election,  if  he  be  subject  to  the  payment 
of  poll  tax,  and  shall  also  establish,  if  the  registration  laws 
prevail  in  his  voting  precinct,  that  he  has  been  duly  registered 
in  the  same  manner  as  required  in  the  general  elections.  (Id., 
sec.  14.) 

301.  [i377a28bi6].  Primary  election  officers  at  each  pre- 
cinct; political  parties  vote  in  separate  ballot  boxes,  etc. — ^As 

before  provided,  there  shall  be  a  set  of  election  officers  at 
each  precinct  in  the  state  appointed  by  their  respective  county 
primary  election  boards,  the  voting  of  each  party  to  be  in  a 
separate  ballot  box  with  separate  poll  lists,  ballots,  and  tally 
sheets  provided  and  kept  therefor.  (lb.) 

302.  [I377a28bi7].  Primary  election  voters  must  be  affili- 
ated with  their  separate  political  parties. — No  voter  shall  be 
elegible  to  vote  in  a  primary  election  of  any  party  unless  he 
be  a  bona)  fide  member  of  such  political  party  and  affiHated 
therewith,  or  unless  at  the  time  he  shall  offer  to  vote  he  shall 
declare  his  allegiance  to  the  political  party  in  whose  primary 
he  oflfers  to  vote  and  states  upon  oath,  if  challenged,  that  he 
expects  to  affiliate  with  such  party  in  whose  primary  he  is 
offering  to  vote.     (lb.) 

303.  [i377a28bi8].  Precinct  registrars  to  be  present 
with  registration  books  or  certified  copies. — In  precincts  where 
registration  is  required  by  law,  the  precinct  registrars  ap- 
pointed according  to  the  law,  and  having  charge 
of  the  registration  books,  are  required  to  have  and 
keep  one  or  more  of  such  precinct  registrars  pres- 
ent at  such  primary  election  from  the  opening  to 
the  closing  of  the  polls.  In  lieu  of  such  registra- 
tion books,  a  certified  copy  thereof  may  be  kept,  the  said  books 
to  be  used  as  evidence  of  registration  or  nonregistration  of 
the  voters  of  such  precinct,  in  case  registration  receipts  issued 
to  voters  have  been  lost,  or  mislaid  or  cannot  be  produced. 

(lb.) 

304.  [i377a28bi9].  County  trustees  to  furnish  certified 
lists  of  paid  poll  taxes. — The  county  trustee  of  each  and  every 
county  shall  have  at  each  voting  precinct  a  certified  copy  of 
the  list  of  voters  of  such  district  or  precinct  who  have  paid 


Compulsory  Legalized  Primary  Elections  113 

their  poll  tax  for  the  preceding  year,  which  list  shall  be  placed 
in  the  hands  of  the  officers  or  judges  of  election  on  or  before 
the  opening  of  the  polls.     (lb.) 

305.  [i377a28b2o].  Compensation  of  registrars,  county 
election  commissioners,  and  county  trustees. — ^The  respective 

counties  shall  make  such  compensation  for  the  service  of  regis- 
trars, county  election  commissioners,  and  of  county  trustee  for 
rendering  the  services  provided  in  the  preceding  two  sections 
as  made  in  the  case  of  regular  elections.    (lb.) 

306.  [i377a28b2i].  Returns  to  be  canvassed  and  results 
certified;  certificates  filed  where;  precinct  returns  to  be  filed 
where. — On  Monday  following  the  primary  election,  the  re- 
spective county  primary  election  boards  shall  meet  at  the 
courthouse  of  such  county,  at  I2  o'clock  noon,  and  publicly 
canvass  and  compile  the  result  of  the  primary  election,  as 
shown  by  the  returns  of  the  election  officers,  and  shall  make 
and  sign  duplicate  certificates  of  the  result  of  said  election, 
showing  the  number  of  votes  cast  in  said  primary  for  each 
candidate  for  all  the  offices  in  their  respective  parties.  One 
copy  of  such  certificate  shall  be  filed  with  the  county  court 
clerk  of  their  respective  counties,  and  the  other  copy  thereof 
shall  be  sent  by  registered  mail  to  the  secretary  of  state  at 
Nashville,  Tennessee,  to  be  held  by  him  until  canvassed  by 
the  respective  state  primary  election  boards.  The  said  county 
primary  election  board  shall  file  one  copy  of  the  precinct  re- 
turns, to  wit :  the  ballots,  poll  lists,  and  tally  sheets,  with  the 
county  court  clerks  of  their  respective  counties,  and  shall 
forward  the  other  copy  thereof  to  the  secretary  of  state  for 
preservation.     (Id.,  sec.  15.) 

307.  [i377a28b22].  Board  of  canvassers  of  primary 
elections. — The  respective  state  boards  of  primary  election 
commissioners  hereby  created  shall  constitute  the  board  of 
canvassers  of  the  primaries  held  under  the  provisions  of  this 
chapter.     (Id.,  sec.  16.) 

308.  [i377a28b23].  State  board  of  primary  election  com- 
missioners to  canvass  returns  and  declare  nominees,  when. — 

On  the  twentieth  day  after  the  holding  of  any  primary  elec- 
tion under  this  chapter,  unless  the  same  falls  upon  Sunday, 
then  upon  the  21st  day  after  such  election,  the  said  respective 
state  board  of  primary  election  commissioners  herein  pro- 
vided for  shall  meet  at  the  capitol,  in  Nashville,  Tennessee, 
pursuant  to  notice  given  by    respective  chairmen  thereof,  and 


114  Election  Laws  of  Tennessee 

they  shall  then  proceed  to  publicly  canvass  the  returns  of 
said  primary  elections  and  determine  and  declare  who  shall 
have  been  nominated  for  all  offices.     (Id.,  sec.  17.) 

309.  [i377a28b24].  Run-off  ordered,  when  the  two  high- 
est candidates  tie. — When  there  is  a  tie  between  the  two 
highest  candidates,  another  primary  shall  be  ordered  within 
thirty  days,  and  not  less  than  twenty  days,  to  decide  the 
same  between  those  candidates,  to  be  held  in  the  same  manner 
and  subject  to  all  the  rules  and  provisions  governing  the  first 
primary  under  the  provisions  of  this  chapter,  and  the  candi- 
date receiving  the  highest  vote  in  such  run-off,  shall  be  de- 
clared the  nominee  of  the  party  for  said  office.    (lb.) 

310.  [i377a28b25].  State  primary  election  boards  to  cer- 
tify to  county  election  commissioners  the  nominees  of  their 
respective  parties  which  shall  be  placed  on  officiad  ballots  ;j 
floaters  and  senators  under  rotation  plan,  how  to  run. — The 

state  primary  election  boards,  hereby  empower  [empowered] 
to  declare  the  nominees  of  their  respective  primaries,  shall, 
at  least  fifteen  days  before  the  regular  November  election  for 
which  such  nominations  have  been  made,  certify  to  the  elec- 
tion commissioners  of  each  county  in  which  such  nominees 
are  candidates  for  office,  the  names  of  all  nominees  of  their 
respective  parties  within  the  provisions  of  this  chapter,  for 
offices  to  be  voted  for  in  said  respective  counties  in  said  gen- 
eral election ;  and  the  names  so  certified  by  the  said  state 
primary  election  boards  shall  be  by  the  county  election  com- 
missioners placed  upon  the  official  ballots  provided  by  law  for 
use  in  said  regular  November  election ;  provided,  that  in  all 
floterial  and  senatorial  districts  of  the  State  of  Tennessee 
where  a  rotation  system  exists,  that  a  candidate  for  floater  or 
senator  shall  be  required  to  run  in  the  county  only  whose 
time  it  is  under  the  rotation  plan  to  furnish  the  candidate. 
(Id.,  sec.  18.) 

311.  [i377a28b26].  Official  primary  ballots;  color  and 
description. — Only  the  official  ballots  provided  for  in  this  chap- 
ter shall  be  used  to  hold  said  primaries.  The  official  ballots 
of  the  different  political  parties  shall  be  of  different  colors  or 
ttints,  the  same  to  be  determined  by  the  state  board  of  pri- 
mary election  commissioners,  but  the  color  of  the  ballot  of 
each  party  shall  be  uniform  throughout  the  state  and  shall 
be  of  uniform  width,  not  less  than  nine  inches,  nor  more  than 
nine  and  one-half  inches  wide,  and  of  such  length  as  is  neces- 
sary to  contain  the  offices  and  names  of  the  candidates  re- 


Compulsory  Legalized  Primary  Elections  115 

quired  to  be  printed  thereon.  On  the  back  of  the  ballot  shall 
be  conspicuously  printed  the  words :    "Official  Primary  Ballot 

Party  Election   day  of ," 

giving  the  name  of  the  party  for  which  it  is  designated  and 
the  date  of  the  election  to  be  held,  and  shall  also  have  printed 
on  the  back  thereof  the  facsimile  of  the  signatures  of  the 
county  board  of  primary  election  commissioners  of  the  party 
holding  said  election.     (Id.,  sec.  19.) 

312.  [i377a28b27.].  Names  of  candidates  to  be  printed 
on  ballots. — The  ballots  shall  have  printed  on  the  face  thereof 
the  names  of  all  candidates  for  the  various  offices,  arranged 
alphabetically  under  the  head  of  the  offices  for  which  they  are 
candidates.     (lb.) 

313.  [i377a28b28].  Ballots  to  be  furnished  by  boards  to 
election  judges  or  officers  to  be  delivered  to  voters. — The 

ballots  of  each  political  party  shall  be  furnished  by  the  re- 
spective boards  of  primary  election  commissioners  to  the 
judge  or  officer  of  election  in  each  precinct,  and,  on  the  day  of 
such  primary  election,  the  judges  shall  take  charge  of  the 
ballots  of  the  respective  parties  for  which  they  are  appointed 
and  shall  by  them  be  delivered  to  the  voters  of  their  party 
as  herein  provided.     (lb.) 

314.  [i377a28b29].  Misdemeanor  for  election  judge  to 
allow  ballots  out  of  his  possession,  or  to  be  delivered  to  voter 
before  he  is  ready  to  vote. — It  shall  be  a  misdemeanor  for 
any  judge  to  allow  the  ballots  delivered  to  him  to  go  out  of 
his  possession,  except  as  provided ;  or  to  be  delivered  to  any 
voter,  until  the  voter  has  properly  qualified  and  announced 
his  intention  to  vote  in  the  primary  of  that  party.     (lb.) 

315.  [i377a28b3o].  Election  judge  to  require  unvoted 
ballot  to  be  surrendered  and  destroyed. — In  case  any  voter 
after  receiving  the  ballot  shall  fail  to  vote,  or  to  give  his 
ballot  to  the  officers  to  be  deposited  in  the  ballot  box,  the 
judge  shall  require  that  such  ballot  be  surrendered  to  them 
[and]  at  once  destroyed  in  the  presence  of  the  voters  and 
the  officers  of  election.     (lb.) 

316.  [i377a28b3i].  Misdemeanor  for  voter  not  to  surren- 
der ballot  or  to  take  it  away. — It  shall  be  a  misdemeanor  for 
any  voter  to  refuse  to  so  surrender  any  ballot,  or  take  any 
ballot  away  from  the  polling  place.     (lb.) 

317.  [i377a28b32].  Dortch  law  applicable;  table  for  mark- 
ing ballots;  ballots  marked,  how. — In  the  precincts  where  the 


116  Election  Laws  of  Tennessee 

Dortch  election  law  applies,  all  provisions  of  the  general  law 
to  the  manner  of  voting  in  regular  elections  shall  apply  to 
voting  in  primaries  at  such  precincts ;  in  precincts  where  the 
Dortch  law  does  not  apply  a  suitable  table  or  desk  shall  be 
supplied,  on  which  the  ballots  may  be  marked,  and,  in  all  pre- 
cincts of  the  state  the  voters  shall  vote  by  making  a  cross 
mark  before  or  after  the  name  of  the  candidate  for  whom  he 
wishes  to  vote,  provided  that  in  such  precinct  the  voter  may 
retire  from  the  polling  place  and  have  assistance  in  marking 
his  ballot,  and  no  ballot  shall  be  rejected  because  improperly 
folded.     (lb.) 

The  Doptch  law  was  made  applicable  to  the  whole  state  by  Acts 
*  1921,  ch.  117,  compiled  in  section  156. — Ed. 

318.  [i377a28b33].  Nominating  petitions  to  put  candi- 
dates on  official  primary  ballot;  candidates  declared  nomi- 
nees, without  election,  when. — The  name  of  no  can- 
didate shall  be  printed  upon  any  official  ballot  used 
in  any  primary  under  this  chapter  unless,  in  case 
of  candidates  voted  for  in  all  counties  of  the  state, 
or  of  a  congressional  district,  at  least  sixty  days 
and  in  all  other  cases  at  least  thirty  days  before  such  primary, 
a  nominating  petition  shall  be  filed  in  his  behalf  with  the 
authorities  herein  designated,  signed  by  qualified  voters  of 
the  party  whose  nomination  he  seeks,  to  the  number  of 
twenty-five.  Such  nominating  petitions  shall  be  in  substance 
as    follows :      "We   the   undersigned   qualified   voters   of   the 

county  of .,  State  of  Tennessee,  and  members  of 

the party,  hereby  nominated   [nominate] 

of coonty  as  a  candidate  for  the  office  of 

to  be  voted  in  the  primary  election  to  be  held  by  the  said 

party  on  the day  of We  request  that  his 

name  be  printed  upon  the  official  ballots  to  be  used  in  such 
primary."  Provided,  that  where  only  one  candidate  for  any 
office  for  which  a  candidate  is  to  be  nominated  under  this 
chapter  shall  so  quaHfy,  he  shall  be  declared  the  nominee  for 
that  office  and  his  name  shall  not  be  placed  on  the  official 
ballot,  and  provided,  further,  that  should  no  contest  exist  in 
any  county  of  the  state  for  any  of  the  nominations  provided 
for  in  this  chapter,  the  board  of  primary  election  commission- 
ers for  such  county  shall  so  declare,  and  no  primary  election 
shall  be  held  in  such  county.  Said  declaration  annulling  such 
election  shall  be  made  by  said  board  within  not  less  than 
twenty  days  preceding  such  primary. 

In  nominating  the  candidates  elected  by  the  electors  of  the 


Compulsory  Legalized  Primary  Elections  117 

entire  state,  the  nominating  petition  shall  be  filed  with  the 
respective  chairmen  or  secretaries  of  the  state  board  of  pri- 
mary election  commissioners  for  the  particular  party;  for  all 
other  offices,  such  nominating  petitions  shall  be  filed  with  the 
chairmen  of  the  respective  county  boards  of  primary  election 
commissioners  in  all  counties  partcipating  in  the  election  for 
which  the  person  nominated  is  a  candidate.     (Id.,  sec.  20.) 

319.  [i377a28b34].  Names  of  candidates  to  be  certified 
to  county  primary  board  and  printed  on  official  ballots. — It 

shall  be  the  duty  of  the  chairmen  of  the  respective  state 
boards  of  primary  election  commissioners  to  certify  to  the 
chairmen  of  the  various  county  primary  boards  the  names 
of  all  candidates  in  whose  behalf  proper  nominating  petitions 
have  been  filed  not  less  than  fifteen  days  before  the  date  of 
the  primary,  and  it  shall  be  the  duty  of  the  county  primary 
election  commissioners  to  have  printed  upon  the  official  pri- 
mary ballots  herein  provided  for  the  names  of  all  candidates 
so  certified  to  them  and  all  candidates  in  whose  behalf  proper 
nominating  petitions  have  been  filed  with  them.    (Id,,  sec.  21.) 

320.  [i377a28b35].  Nominating  petition  in  one  county 
and  sworn  copies  in  others,  when. — Where  a  petition  is  re- 
quired to  be  filed  in  more  than  one  county,  certified  duplicates 
of  such  nominating  petitions,  duly  attested  under  oath  to  be 
corrected  [correct]  by  one  of  the  signers  thereof,  shall  be 
sufficient  to  be  filed  with  the  respective  county  boards  in  lieu 
of  the  original,  but  the  original  thereof  shall  be  filed  with  the 
county  chairman  of  at  least  one  of  the  counties  participating 
in  such  primary.     (lb.) 

321.  [i377a28b36].  Misdemeanor  to  vote  in  more  than 
one  primary;  fine. — It  shall  be  a  misdemeanor  for  any  person 
to  vote  in  the  primary  of  more  than  one  party  in  any  primary 
election  held  under  this  chapter,  and  upon  conviction  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than 
one  hundred  dollars.     (Id.,  sec.  22.) 

322.  [I377a28b37].  Candidates  entitled  to  inspectors 
or  watchers;  their  rights,  powers,  and  duties;  certified  state- 
ment of  votes  for  each  candidate. — Any  canlidate  for  a  pri- 
mary nomination  under  this  chapter,  shall,  upon  his  conferring 
that  authority,  either  in  writing,  in  person,  or  by  his  duly 
authorized  county  manager,  have  from  the  opening  of  the 
polls  until  the  vote  shall  have  been  counted  and  certified,  an 
inspector  or  watcher  of  election,  who  shall  have  the   right 


118  Election  Laws  of  Tennessee 

•  to  watch  the  holding  of  said  election,  the  conmting  of  the 
votes  therein  cast  and  the  certification  of  the  returns,  such 
watcher  or  inspector  to  have  the  right  to  challenge,  question, 
and  examine  any  voter  who  may  oifer  to  vote  in  said  primary 
election,  and,  upon  the  request  of  such  inspector  or  watcher, 
the  officers,  judges,  and  clerks  of  such  election  shall  give 
him  a  statement  signed  by  them  setting  forth  the 
vote  of  each  candidate  as  cast  and  counted  in  said 
precinct.  Such  inspector  or  watcher  shall  have  a 
right  to  examine  the  ballots  as  they  are  counted.  Such 
watchers  or  inspectors,  however,  shall  not  offer  or  attempt  to 
influence  the  vote  of  any  elector  for  or  against  any  candidate, 
nor  shall  he  interfere  with  the  proper  holding  and  conducting 
of  said  election.     (Id.,  sec.  23.) 

323.  [i377a28b38].     Laws  applicable  to  primary  elections. 

— All  laws  applying  to  regular  and  general  elections,  not  in 
conflict  with  the  provisions  of  this  chapter,  shall  apply  to  pri- 
mary elections  held  thereunder.    (Id.,  sec.  24.) 

324.  [i377a28b39].  Candidates  as  watchers  and  inspect- 
ors; entitled  to  certified  copies  of  poll  lists  and  tally  sheets 
upon  payment  of  fees. — All  candidates  in  said  primary  elec- 
tions shall  have  the  right  to  be  present  in  person  and  to  ex- 
ercise the  same  rights  and  privileges  as  the  watchers  and  in- 
spectors of  elections  hereinbefore  provided  for,  and  the  said 
candidate  shall  have  the  right  to  have  delivered  to  him,  upon 
demand,  certified  copies  of  all  poll  lists  and  tally  sheets  used 
in  any  primary  election  upon  applying  to  any  county  primary 
board  or  state  primary  election  board,  upon  the  payment  of 
regular  fees  therefor.     (Id.,  sec.  25.) 

325.  [i377a28b4o].  Misdemeanor  to  interfere  with  in- 
spectors or  watchers. — It  is  hereby  declared  to  be  a  misde- 
meanor for  any  officer  of  election  to  interfere  with  the  dis- 
charge of  the  duties  of  any  inspector  or  watcher  of  election 
appointed  under  the  provisions  of  this  chapter,  or  to  prevent 
him  from  witnessing  the  casting,  counting,  and  certification 
of  the  ballots  cast  in  any  primary  election.     (Id.,  sec.  26.) 

326.  [i377a28b4i].  Chairman  and  secretary  of  respective 
state  primary  election  boards;   chairman  decides  tie  vote. — • 

The  chairman  and  secretary  of  the  state  committee  of  each 
party,  and  their  successors  duly  elected,  shall  be  the  chairman 
and  secretary  of  the  respective  state  primary  election  boards, 
and  in  the  event  of  a  tie  vote  in  any  matter,  the  chairman 
may  cast  the  deciding  vote.     (Id.,  sec.  2^^ 


CoAiPULsoRY  Legalized  Primary  Elections  119 

327.  [i377a28b42].  Organization  of  county  primary 
election  boards. — The  said  respective  county  primary  election 
board  shall  organize  within  ten  days  after  their  appointment 
by  the  election  of  a  chairman  and  secretary  of  such  county 
boards.     (lb.) 

328.  [i377a28b43].  Appeal  from  county  primary  election 
boards  to  state  board  as  to  appointment  of  precinct  election 
officers;  removal  and  appointment  of  successor,  when. — If  any 

county  primary  election  board  shall  fail  to  comply  with  the 
provisions  of  this  chapter  in  the  appointment  of  the  precinct 
election  officers,  and  shall  fail  or  refuse  to  give  as  near  as 
possible  equal  representation  to  all  candidates  at  the  polls,  an 
appeal  from  such  action  shall  lie  to  the  state  board  of  primary 
commissioners  for  the  party  in  question  and  this  board  shall 
be  at  once  cnovened  upon  not  less  than  three  days'  written 
notice  to  all  members,  at  which  time  the  said  state  primary 
board  shall  review  the  action  of  the  said  county  primary  board 
and  take  such  action  as  will  carry  out  the  terms  and  spirit 
of  this  chapter  and  give  equal  representation  as  near  as  pos- 
sible to  all  candidates  in  the  appointment  of  pre- 
cinct election  officers.  If  the  conduct  of  any  county 
primary  election  commissioner  shall  by  the  state  pri- 
mary election  board  be  held  to  have  been  fraud- 
ulently or  corruptly  done,  he  may  be  removed  and  his 
successor  appointed  from  a  member  of  the  county  executive 
committee  of  the  party  to  which  he  belongs.     (lb.) 

329.  [i377a28b44].  Contest  and  notice  thereof;  hearing 
before  state  primary  election  board. — If  any  contest  shall  be 
instituted  as  a  result  of  holding  of  any  primary  [election] 
under  this  chapter,  a  candidate  or  candidates  so  desiring  to 
contest  shall  give  notice  thereof  in  writing  to  the  chair- 
man of  the  state  primary  election  board  holding 
said  primary  election  within  five  days  after  the  said 
county  primary  election  boards  have  met  and  can- 
vassed the  returns.  Said  notice  of  contest  shall  likewise  be 
served  upon  all  candidates  adversely  interested  within  a  like 
period.  In  the  said  notice  of  contest,  grounds  thereof  shall 
be  fully  stated,  so  as  to  enable  the  contestants  adversely  in- 
terested to  prepare  their  defense  thereto.  After  the  filing  of 
such  notice  of  contest,  the  same  shall  be  considered  and 
passed  upon  by  the  said  state  primary  election  board,  which 
shall  hear  and  determine  such  contests  and  make  such  dispo- 
sition thereof  as  fairness  and  justice  shall  require.  (Id., 
sec.  29.) 


INDEX 


ABSENT  VOTERS,  VOTING  BY 

Section    Page 
Absent  voters,  what  way  to  vote 227  88 

Ballot  to  be  mailed  to  voter  upon  receipt  of  notice  deliv- 
ered in  person  or  h^  registered)  mail;  postage  to  be 
furnished    by    voter _ 229  88 

Ballot  shall  be  mailed  and  addressed,  how 230  89 

Ballot  shall  be  opened  and  filled  up  in  the  presence  of 

whom,  and  returned  by  registered  mail 231  89 

Ballot  shall   be  prepared  and  mailed  back,   how  and  by 

whom,  when  the  voter  is  outside  of  the  United  States  232  90 

Ballot  may  be  marked,  how;   certificate  by  oflacer_ 236  91 

Ballot  to  be  recorded  and  deposited  in  sealed  box,  with 
certificate;  notice  for  sealed  ballot  boxes  which  shall 
be  delivered,  when;   seal  broken,  when 239  93 

Ballot,  envelopes,  and  records  to  be  certified,  with  rea- 
sons for  rejecting  ballots;  misdemeanor  to  receive 
illegal  ballot  or  to   reject  legal  ballot 244  95 

Ballots,   etc.,   to  be  furnished  by  the   state  comptroller; 

how  prepared;  unused  ballots  to  be  returned 238  92 

Three  by  seven  ballot  law  not  in  force N.  93 

Ballots,  sealed,  received  after  delivery  of  sealed  box  to 

be  delivered  to  election  officer  or  judge 242  94 

Duties  imposed  on  officers  in  regular  elections  are  im- 
posed   upon    primary   election   officers 251  97 

Election  officer  or  judge  to  receipt  for  the  sealed  box.,   241  94 

Envelope  marked  "Ballot  Within"  not  to  be  opened  ex- 
cept  in   whose   presence;    witness  to  ballot- 235  91 

Fee   of  registrar,    secretary,    or   chairman 245  95 

Felony  for  election  officers  to  fail  to  perform  duties,  or 
to  prevent  a  legal  vote  or  to  cause  an  illegal  vote; 
punishment 247  ao 

Felony  for  illegal  voter  to  vote  or  attempt  to  vote,  or  for 

another  to  aid  or  abet  therein;  imprisonment;  venue.  246  95 

Liberal  construction  in  favor  of  right  to  vote;   technical 

irregularities   not   favored;    substantial   compliance..  249  96 

Name  of  applicant,  if  eligible,  to  be  enrolled,  and  certifi- 
cate to  be  made  and  forwarded,  with  return  envelopes 

and    instructions 233  90 

Form    of   certificate _ 234  91 


122  Election  Laws  of  Tennessee 

Section    Page 
Notice   of  names   of   applicants   as   absent  voters   to   be 

poated ,..240  94 

Primary    elections    included- 250  96 

Duties   imposed  on   officers   in   regular  elections   are 

imposed   upon  primary   election  officers 251  97 

Registration  of  absent  voters  is  provided  for N.  97 

Sealed  ballots  received  after  dtelivery  of  sealed  ballot  box 

to  be  delivered  to  election  officer  or  judge 242  94 

Sealed  box  to  be  opened,  and  absent  voters  registered  as 
if  present;  if  qualified,  the  ballot  ia  opened  and  vote 
deposited  in  the  regultar  ballot  box;  if  not  qualified, 
the  envelope  is  not  opened,  b|ut  return  thereof  shall 
be  made _ 243  94 

Unconstitutionality  of  part  shall  not  vitiate  other  parts.  248  96 

Violation  by  chairman  or  secretary  of  primary  elections 
punishable  as  such  by  chairman  or  secretary  of  reg- 
ular  elections 25»2  97 

Voter   intending   to   vote   by   registered   mail   must   give 

notice,  to  whom  and   when _ 228  88 

Voucher  certificate  by  voter,  and  witness  thereof 237  92 

What  absent  voters  may  vote 227  88 

BALLOT  AND  MANNER  OF  VOTING  UNDER  THE 
DORTCH  BALLOT  LAW 

Applicable  to  all  countries,  citiesi,  towns,  and  civil  dis- 
tricts. .  - 156  65 

Assistance  to  physically  disabled  voters 179  73 

Ballot   marked   for  any  voter  who   cannot  mark  his 

ballot,  in   certain  counties N.  1  73 

Ballot  marked  for  other  than  disabled  voters  is  void.N.  2  74 

Blind   voter's  ballot  marked   by  one   other  than  the 

officer  holding  the  election  is  not  void,  when. . .  .N.      4  74 

Blind  and  physically  disabled  voter,  though  illiterate,  is 

entitled  to  officer's  assistance  to  mark  his  ballot N.  5  74 

Officer  of  election  only  can  mark  ballot  for  disabled 

voter _ N.  3  74 

Ballots  destroyed  or  stolen,  how  replaced;   report  as  to.  167  69 

Ballots  fastened  together  in  books  or  blocks  with  stubs.  163  68 

Ballots  folded;   stub  torn  off 174  74 

Ballots  improperly  marked  not  counted _ 180  74 

Ballots  marked  by  voter 173  71 


Index  123 

Section    Page 

Ballots  marked    rejected _ 181  74 

Ballots  must  be  indorsed  and  in  accordance  with  law 180  74 

Ballots  not   taken   from   polls;    other  biallots   for  spoiled 

ballots 178  73 

Ballots,  number  of,  to  be  purchased;  polling  places 164  68 

Ballots  printed  and  distributed  at  public  expense  of  coun- 
ties  and   cities;    certain  terms    defined 155  65 

Ballots,  provisions  as  to;  names  of  candidates  are  put  on 

ballots,    how _ 157  66 

Ballots  shall   contain   what;    arrangement 162  67 

Ballots  and  cards  of  instructions  distributed 166  69 

Ballot  and  certificate  of  registration  numbered;  informa- 
tion  given   voter,   when 172  71 

Becoming    candidate    within   ten   days    of   election,    pro- 
vision as  to  ballot 159  66 

Blind  voter,  assistance  in  marking  his  ballot 179  73 

Ballot  marked  for  other  than  disabled  voters  is  void-N.  2  74 
Blind  voter's  ballot  marked  W  one  other  than  officer 

holding  the  election  is  not  void,  when N.  4  74 

Blind  and  physically  disabled  voter,  though  illiterate, 

is    entitled   to    officer's    assistance   to    mark   his 

ballot N.  5  74 

Officer  of  election  only  can  mark  ballot  for  disabled 

voter N.  3  74 

Candidate,    becoming,   within   ten    days   of   election,   pro- 
vision  as   to    ballot 159  66 

Candidates,  independent,   put  upon  ballot,  upon  petition, 

when 158  66 

Candidates'  names  are  put  on  the  ballot,  how 157  66 

Candidates*  names  may  be  withdrawn,  how 161  67 

"City  election"  applies  to  what   elections 155  65 

"City  officer"  applies  to  what  person 155  65 

Destroyed  or  stolen  ballots,  how  replaced;  report  as  to..  167  69 

Distribution  of  bjallots  and  cards  of  instruction;  two  reg- 
istrars at  each  polling  place,  and  assistants 166  69 

Dortch  ballot  laws  enacted,  repealed,  amended,  modified, 

and  remaining  in  force  since  1889 N.  1  76 

Doubts  indicated  in  notes  in  Code  of  1896  have  been  re- 
moved by  legislation  and  decision ...N.  3  76 

Folding   ballots;    stub  torn  off 174  72 


124  Election  Laws  of  Tennessee 

Section    Page 
Improperly   marked    ballots   not   counted,   when;    ballots 

must  be  indorsed  and  in  accordance  with  law 180  74 

Improvement  bonds,   this   chapter  and  chapter  9   apply 

to   issue    of 183  76 

Independent    candidates   put   upon   b^lot,   upon   petition, 

when 158  68 

Instructions  as  to  voting 16'5  68 

Manner  and  time  of  voting 176  72 

Marking   ballots   by  voter 173  71 

Misdemeanors  and  misdemeanors  in  office,  when  election 
offiicers  are  guilty  of;  fines,  imprisonments,  and  re- 
moval; who  to  act  on  failure  of  election  officers 182  75 

Provision  as  to  failure  of  election  officer  to  hold  elec- 
tion is  probably  not  in  force N.  75 

Name  of  candidate  may  be  withdrawn,  how 161  67 

"National  elections"  apply  to  what  elections 155  65 

Number  of  ballots  to  be  furnished  polling  places... 164  68 

'Offenses    of   voters;    interference    with   voters;    penalty; 

ballots   marked,   rejected 181  74 

Railing  or  double  gangway  for  approach  and  retirement 

of  voters   in   certain  counties 171  71 

Registrars,    duties    of;    compensation;    failure   to   serve; 

oath;    list  of  voters  given  judges 168  69 

Regulations  for  voting  at  polling  places;  ballots  fur- 
nished   170  71 

Repeating,    to    prevent 175  72 

"State   elections'*   apply  to   what   elections 155  65 

*'State  officer"  applies   to  what  persons 155  65 

Statute  in  this  chapter  is  constitutional , N.  2  76 

This  chapter  and  chapter  9  apply  to  issue  of  improve- 
ment  bonds 183  76 

Voter  unabile  to  write,  provision  as  to 160  67 

Voting  shelves,  arrangement  and  number  of,  and  pro- 
visions   as   to 169  70 

What  ballots   shall  contain;    arrangement;    size 162  67 

Who  allowed  in  room;    peace  officers 177  72 

CANDIDATES 

May  vote  in  any  ward  or  district 36  (3)  18 

Oath    abolished 4 41  19 


Index  125 

CASTING   VOTE,    RETURNS,   AND   COMMISSIONS 

Section  Page 

Certificate  of  election 213  84 

Commissioners  of  elections  as  a  returning  board  can- 
not go  behind  returns N.  1  84 

Commissioners    cannot    do    so    to    correct   their   cer- 
tificates  N.  2  85 

Suit  going  behind  returns  is  a  contest  of  election ...  N.  3  85 

Certificate   of  election  to   general  assembly 217  85 

Commissions    issued    by   governor 224  87 

Commission  is  ineffective  when  the  election  was  void.N.  3  87 
Commissions  are  greatly  useful  as   prima  facie  evi- 
dence   of    title N.  4  «7 

Governor   cannot   be  mandamused   to  issue   commis- 
sion  N.  1  87 

Question  of  necessity  of  concurrence  of  secretary  of 

state  in  the  issuance  of  the  commission N.  2  87 

Title  to  elective   ofiice   comes  from  the  people,  and 

not    from    the    commission N.  5  o7 

Commission  to  persons  appearing  to  be  elected 215  85 

Comparison  of  returns 219  86 

Words  to  be  struck  out  as  unconstitutional N.  86 

Messenger   to   bring  returns 220,  223  86 

New  election,  if  there  bje  a  tie  vote  in  a  district  election.  212  84 

Returns,   how  made 225  87 

Forms   of  return,  etc 226  87 

Provision  that  itiformality  will  not  invalidate  the  re- 
turns applies  under  subsequent  legislation,  when.     N.  88 

Returns  of  election  to  secretary  of  state N.  214  85 

This  section  applies  to  justices  of  the  peace N.  85 

Return  to  qualifying  office  216  85 

Triplicate   returns,   when 218  86 

Triplicate  returns  of  governor's  election 222  86 

Messenger   for   same 223  86 

Tie  and   casting  vote 211  83 

Formerly,  the  returning  officer  gave  the  casting  vote.     N.  84 
New   election,   if   there   be   a   tie   vote   in  a  district 

election 212  84 

Tie  vote  for  constable  renders  the  election  void N.  84 

Tie  vote;   casting  vote;   new  election 221  86 

COMPULSORY     LEGALIZED    PRIMARY    ELECTIONS 

Appeal    from    county    primary    election    boards    to    state 
board  as  to  appointment  of  precinct  election  officers; 


126  Election  Laws  of  Tennessee 

Section    Page 
removal  and  appointment  of  successor,  when 328  119 

Ballots,  poll  lists,  and  tally  sheets,  how  furnished  and  paid 
for;  number;  how  prepared;  ballot  counted  and  cer- 
tified; returns;  results  announced;  certified  copy 
thereof    , 299  111 

Ballots  to  be  furnished  by  boards  to  election  judges  or 

officers   to   be   delivered   to   voters 313  115 

Ballots,  ofllcial  primary;    color  and  description 311  114 

Board  of   canvassers   of  primary  elections 307  113 

State  primary  election  boards  to  certify  to  county  elec- 
tion commissioners  the  nominees  of  their  respec- 
tive parties  which  shall  b|e  placed  on  official  bal- 
lots; floaters  and  senators  under  rotation  plan, 
how  to  run 310  114 

Boards  to  fill  vacancy  in  membership;  majority  to  control; 

quorum 292  108 

Candidates  as  watchers  and  inspectors;  entitled  to  cer- 
tified copies  of  poll  lists  and  tally  sheets  upon  pay- 
ment of  fees 324  118 

Candidates  entitled  to  inspectors  or  watchers;  their 
rights,    powers,    and    duties;    -certified    statement   of 

votes   for   each   candidate 322  117 

Names  of  candidates  to  be  certified  to  county  primary 

board  and  printed  on  official  ballots 319  117 

Chairman  and  secretary  of  respective  state  primary  elec- 
tion boards ;  chairman  decides  tie  vote 326  118 

Chairmen   may  call   special   meetings   by   written   notice 

to  members   295  109 

Compensation   of   primary   election  officers   and   primary 

county   boards    298  110 

Compensation  of  registrars,  county  election  commission- 
ers, and  county  trustees 305  113 

Contest  and  notice  thereof;  hearing  before  state  pri- 
mary  election    board 329  119 

County  trustees  to  furnish  certified  lists  of  paid  poll  taxes. 304  112 

Dortch  law  applicable;  table  for  marking  ballots;  bal- 
lots   marked,    how 317  115 

Dortch  law  was  made  applicable  to  the  whole  state  by 

Acts  1921,  ch.  117,  compiled  in  section  156 N.  116 

Election  of  state  executive  committees  who  shall  consti- 
tute boards  of  primary  election  commissioners  for 
their  respective   parties 292  108 


Index  127 

Section    Page 
Election   judge   to   require   unvoted  ballot  to   be   surren- 
dered and   destroyed 315  116 

Ereoutive  committee  of  each  political  party  shall  be  the 

primary  election  commissioners  for  such  party 290  107 

Law  applies  to  what  party  nominations  for  what  oflaces; 
compliance  with  this  law  is  prerequisite  to  placing 
candidates  on  official  ballot;  exceptions 281  104 

Laws  applicable  to  primary  elections 323  118 

Misdemeanor  for  election  judge  to  allow  ballots  out  of  his 
possession,  or  to  be  delivered  to  voter  b^efor©  he  ia 
ready  to  vote 314  115 

Misdemeanor  for  voter  not  to  surrender  ballot  or  to  take 

it   away    316  115 

Misdemeanor  to  vote  in  more  than  one  primary;  fin© 321  117 

Misdemeanor  to  interfere  with  inspectors  or  watchers ....  325  118 

Names  of  candidates  to  be  printed  on  ballots 312  115 

Names   of  candidates   to   be   certified   to  county  primary 

board  and  printed  on  official  ballots 319  117 

Nominating  petition   in  one  county  and  sworn  copies  in 

others,  when 320  117 

Nominating  petitions  to  put  candidates  on  oflScial  primary 
ballot;  candidates  declared  nominees,  without  election, 

when 318  116 

Time  for  filing  nominating  petitions 285  106 

Time  for  filing  nominating  petitions 288  107 

Nominations   determined   by   highest   number  of  popular 

votes 283  105 

Nominations,  party,  for  candidates  to  fill  vacancies,  how 

made ;  notices 284  105 

Nominations  in  districts)  of  two  or  more  counties;  execu- 
tive committee  and  chairman;  notice 286  106 

Oath  of  state  and  county  primary  election  commissioners. .  291  107 

Offenses  and  punishments  under  sections  284  to  289  same 

as  under  sections  281-283  and  290  to  329 289  107 

Official  primary  ballots;  color  and  description 311  114 

Organization  of  county  primary  election  boards 327  118 

Party  nominations  for  candidates  to  fill  vacancies,  how 

made ;    notices    284  105 

Payment  of  poll  taxes  required 30O  111 


128  Election  Laws  of  Tennessee 

Section    Page 
Precinct   primary  election   officers   appointed;    oath;    au- 
thority limited;    vacancies  filled;    names   to  be   pub- 
lished or  posted 296  109 

Precinct  registrars  to  be  present  with  registration  books  or 

certified  copiesi  303  112 

Primary  elections  to  be  held  at  the  regular  August  elec- 
tion.    a82  105 

Primary  election  oflScers  are  punishable  for  the  same  of- 
fenses as  general  election  officers 297  110 

Primary  election  officers  at  each  precinct;  political  parties 

vote  in  separate  ballot  boxes,   etc 301  112 

Primary  election  voters  must  be  affiliated  with  their  sep- 
arate political  parties) 302  112 

Qualification  of  primary  voters;    payment  of  poll  taxes; 

registration 300  111 

Resolution  by  quorum  of  committee  for  nominations  by 
convention  or  special  primary  election;  publication  or 
posted  notices  as  to  date 287  106 

Returns  to  be  canvassed  and  results  certified;  certificates 

filed  where;  precinct  returns  to  be  filed  where 306  113 

Rotation  plan,  fioaters  and  senators  under,  how  to  run 310  114 

Run-off  ordered,  when  the  two  highest  candidates  tie...   309  114 

State  primary  boardi  to  elect  county  primary  election  com- 
missioners ;  division  among  candidates 293  108 

State  board  of  primary  election  commissioners  to  canvass 

returns  and  declare  nominees,  when 308  113 

State  primary  election  boardsi  to  certify  to  county  election 
commissioners  the  nominees  of  their  respective  parties 
which  shall  be  placed  on  official  ballots;  fioaters  and 
senators  under  rotation  plan,  how  to  run 310  114 

Terms  of  county  primary  election  board;  oath;  vacancies 

filled 294  109 

Time,    for    filing   nominating    petitions;    appointment    of 

judges,  officers!,  and  clerks 285  106 

Time  for  filing  nominating  petitions  for  candidates  in  pri- 
mary; election  judges,  officers,  and  clerks;  returns, 
etc 288  107 

Vacancy  in  membership  of  bpards  to  be  filled  by 292  108 

Vacancies  in  county  primary  election  boards  filled 294  109 

Vacancies  in  precinct  primary  election  officers  filled. . . .  296  109 


Index  129 

Section    Page 
Watchers  and  inspectors,  candidates  entitled  to 322  117 

Watchers  and  inspectors,  candidates  as 324  118 

COUNTY  COMMISSIONERS  OF  ELECTIONS 

Appointed  for  each  county 74  31 

Arpointment  to  be  made,  when 77  32 

Appointment  of  not  more  than  two  from  the  same  political 

party.  . 76  31 

Ballots  must  be  returned  to  commissioners 97  36 

Ballots  must    be    preserved    to    prevent    fraud    and    loss 

thereof N.  8  39 

Ballots  must  be  sealed  when  delivered  to  election  officer.  .N.  4  37 

Ballots,  preservation  of,  was  not  previously  required N.  2  37 

Ballots  must  be  delivered  sealed  up,  and  preserved  for  a 

contested   election    N.  3  37 

Ballots  must  be  sealed,  or  their  preservation  shown  with 

great  clearness,  to  authorize  the  recounting  thereof.. N.  5  38 

Ballots  preserved  as  required  by  statute  prevail  over  re- 
turns, but  not,  if  not  so  preserved,  and  opportunity  to 
tamper  with  them  existed N.  6  38 

Ballots  tampered  with  are  inadmissible  to  contradict  the 

returns N.  7  38 

Board  must  act  jointly  as  a  bpard  in  appointing  judges  and 
clerks  in  certain  counties,  and  watchers  to  be  ap- 
pointed   by   judges 91  34 

Counties  Included  in  the  exception  provisions  of  this 

section N.  35 

Certificates  of  election 98  37 

Chairman  of  board 80  32 

Clerks  of  elections  to  be  appointed  and  their  names  to  be 

published 87  34 

Appointed  from  the  two  political  arties,  when 88  34 

Commissioners  of  elections  must  act  jointly  as  a  board  in 
appointing  judges  and  clerks  in  certain  counties,  and 

watchers  to  be  appointed  by  judges 91  34 

Counties  included  in  the  exception  provisions  of  this 

section.  .  . , N.  35 

One  clerk  to  be  appointed  by  majorty  members,  and 

one  by  the  minority  members 89  34 

Minority  party  is  defined 90  34 

Shall  be  resident  citizens  of  the  ward,  district,  or  pre- 
cinct      95  36 


130  Election  Laws  of  Tennessee 

Section  Page 

Two  parties  to  be  represented  in  judges  and  clerks. . .     94  35 
Vacancies  caused  by  absence  of  clerks  to  be  filled,  bow 

and  when   96  36 

Comipensation,  none  except  what  the  county  court  may 

allow 79  32 

Copyist  of  poll  lists  for  county  court  clerk  to  be  employed 

and  paid,  how 100  39 

Elections  were  properly  held  under  Acts  1897,  ch.  13,  be- 
fore Acta  1907,  ch.  436,  became  operative  by  appoint- 
ment of  commissioners  thereunder N.  3  40 

Judges  of  elections  to  be  appointed  and  their  names  to 

be  published   83  32 

Board  must  act  jointly  as  a  bioard  in  appointing  judges 

and  clerks  in  certain  counties 91  34 

Counties  included  in  the  exception  provisions  of  this 

section N.  35 

Each  member  may  appoint  one  judge 85  33 

Not  more  than  two  judges  from  the  same  political 

party 84  33 

Shall  be  resident  citizens 95  36 

Two  parties  to  be  represented  in  judges  and  clerks. . .     94  35 

Vacancies  caused  by  the  absence  of  judges  to  be  filled, 

how  and  by  whom 96  36 

Minority  party  is  defined 90  34 

Municipal  bonds,  election  as  to  issuance  of,  must  be  held  by 

the  commissioners  of  election,  and  not  by  sheriff.. N.  2  40 
Purchasers  of  bonds   issued   under  election  held  by 
sheriff  instead  of  commissioners  of  elections  are 
chargeable  with  notice  of  voidness  of  election  re- 
cited to  be  valid,  when N.  5            40 

Statutory  city  charter  empowering  sheriff  to  hold  elec- 
tions for  -certain  officers  does  not  authorize  him  to 
hold  election  as  to  bond  issue,  when N.  4  40 

Not  more  than  two  by  same  political  party ;  quorum 76  31 

Notices  of  elections,  with  names  of  officers,  judges,  and 

clerks,  to  be  published  in  newspapers 93  35 

Oath  to  be  taken  by  commissioners 81  32 

Oath  to  be  filed 81  32 

Officer  of  election  for  each  voting  place  to  be  appointed, 

and  his  name  to  be  announced,  when 92  35 

Returns  and  biallots  to  be  delivered  by  officer  to  com- 
missioners,  when    97  36 

Shall  be  resident  citizen 95  36 

Organization  of  board 80  32 


Index  131 

Section    Page 
Report  of  organization SI  32 

Poll  lists  to  be  sent  to  secretary  of  state,  copy  to  be  filed 

with   county   court   clerk 99  39 

Copyist  of  poll  lists  for  county  court  clerk  to  be  em- 
ployed and  paid,  how 100  39 

Qualifications  of  commissioners 75  31 

Qualifying  by  taking  oath,  etc 81  32 

Failure  to  qualify  vacates  the  appointment 81  32 

Parties,  two,  to  be  represented:     Sec.  76,  p.  31;   sec.  84, 

p.  33 ;  sec.  88,  p.  34  and 94  35 

Registration  duties  to  be  performed  by  election  commis- 
sioners   101  39 

Returns  and  ballots  to  be  delivered  bp^  oflBcer  to  commis- 
sioners, when   97  36 

Returns  to  be  filed  and  canvassed  by  commissioners, 

and  certificates  of  election  delivered,  when 98  37 

Question  whether  the  commissioners  and  quarterly 
county   court  could  go  behind  the   returns,   and 

count  the  ballots,  was  reserved N.  1  36 

Commissioners  of  elections  cannot  go  behind  the  re- 
turns and  recount  the  ballots,  but  must  preserve 
the  ballots  under  seal  for  use  in  a  contest N.  1  37 

Petition  alleging  petitioner's  election  by  a  majority  vote, 
wrongfully  revised  by  commissioners  of  elections, 
so  as  to  give  contestee  a  majority,  is  not  subdect 

to  demurrer N.  2  37 

Amendment  of  answer  involving  the  right  of  commis- 
sioners of  elections  to  go  behind  the  returns  is 

without  merit   N.  3  38 

Amendment  of  answer  inviting  court  to  recount  bal- 
lots, without  allegation  of  the  object  of  the  re- 
counting, is  insuflicient,  and  is  properly  refused. .  .N.  4  38 

Secretary  of  board  to  be  elected 80  32 

Term  of  ofiice;    vacancies   to  be  filled,  how 78  32 

Vacation  of  appointment  by  failure  to  qualify 81  32 

"Vacancies  to  be  reported  to  state  board  of  elections 82  32 

Vacancies  caused  by  absence  of  judges,  clerks,  or  officer 

to  be  filled,  how  and  bpr  whom 96  36 

Watchers  at  each  voting  place  to  be  appointed  in  writing, 

by  whom 86  33 

COUNTY  COURT 
See  Quarterly  County  Court 


132  Election  Laws  of  Tennessee 

ELECTORS 

Section    Page 
Candidate's  oath  abolished 41  19 

Contracts  in  restraint  of  the  elective  franchise 40  18 

Electors'  privileges 39  18 

Persons  entitled  to  vote 34  16 

Limited  suffrage  was  granted  to  women N.  16 

Place  of  voting 38  18 

Exceptions 36  17 

Vote  in  home  district  or  ward;  violation  a  misdemeanor.. .     35  17 

Voters  to  vote  in  nearest  voting  precinct  in  what  counties .  N.  1  17 

Voting  out  of  one's  ward,  though  in  his  district,  is  a  mis- 
demeanor  N.  2  17 

Who  not  to  vote 37  18 

GENERAL  ASSEMBLY 
Elections  by  general  assembly 1  5 

JUDGES 
May  vote  where  court  is  held 36  (1)      17 

JURORS 
May  vote  where  court  is  held 36  (1)      17 

LITIGANTS 
May  vote  where  court  is  held 36  (1)      17 

OFFICERS  OF  POPULAR  ELECTIONS 

Appointment  in  case  of  no  appointment,  or  failure  to  serve    49  22 

Candidacy  that  renders  officer  incompetent  must  be   at 

time  of  election N.  2  21 

Citizens  in  new  counties  may  vote  therein,  after  old  coun- 
ties have  been  redistricted,  when 48  21 

Constitutionality  of  this  section N.  1  21 

Commissioners  of  elections  to  make  list  of  those  holding 

elections;  trustee's  warrant  for  their  compensation. . .     &4  23 

Compensation  for  holding  elections 53  23 

Compensation  of  election  officers  in  certain  counties N.  23 

Election  officer's  failure  to  disicharge  duties  is  a  misde- 
meanor;   fine;    inquisitorial  power 56  24 

What  constitutes  defense  to  prosecution;  false  state- 
ment is  perjury 57  24 


Index  133 

Section  page 
Election  officers  to  certify  delinquents  to  chairman, 

who  shall  furnish  their  names  to  the  grand  jury. .     58  25 
Delinquent  may  file  affidavit  with  chairman  showing 
defense  in  section  57,  and  he  shall  file  it  with  his 

recommendation  with  grand  jury 59  25 

In  part  cut  off  to  form  a  new  county 47  21 

Irregularities  in  qualification  will  not  vitiate  election. .  .N.  2  23 

Oath  of  clerks  of  election 52  23 

Oath  of  judges 51  22 

Publication  and  notice  of  appointment  of  election  officers; 

form  of  notice  prescribed 55  24 

Sheriff's  appointment  of  election  officers  is  unlawful  and 

void.  N.  1  20 

"Who  may  act  as  judges 50  22 

Who  to  hold  elections 46  20 

PEOPLE,    ELECTIONS   BY 

Commission  or  certificate  is  a  nullity  where  the  election 

is  declared  to  be  void N.  2  10 

Computation  of  term;   vacancy 13  11 

Duty  of  returning  officers 10  9 

Elections,  by  whom  to  be  held 15  11 

Elections  for  governor  and  members  of  assembly 16  12 

Elections  for  various  state  and  county  officers,  how  often 

held 12  10 

Judge's  title  is  derived  from  election,  and  not  from  gover- 
nor's commission  which  is  only  prima  facie  evidence. N.  3  10 

Officers  elected  by  the  people 8  8 

Record  need  not  show  oath  of  attorney-general,  when;  reci- 
tation of  oath  is  sufficient N.  4  10 

Regular  election  of  judges,  chancellors,  state's  attorneys, 

and  judges  of  the  supreme  court 9  9 

Return  of  certificate  of  election  is  only  prima  facie  correct. N.  1  10 

Secretary  of  state  to  compare  and  record  votes;   certifi- 
cates;   commissions;    qualification  by  oath 11  9 

Special  elections,  in  what  cases 18  12 

County  judge  is  not  county  officer N.  3  13 

Elections  must  be  authorized  by  statute N.  12 

Notice   by   commissioners   of  elections;    failure  is  a 

misdeameanor 23  13 


134  Election  Laws  op  Tennessee 

Section  page 

Notice  of  special  election  by  governor 22  13 

Notice  of  a  special  election  is  essential N.  7  13 

Notice  must  be  given  in  all  counties  of  a  division  or 

district.  N.  5  13 

Of  county  officers  19  12 

Of  other  officers 20  13 

Place  of  holding  elections 24  14 

Statutory  provisions  essential  for  ascertaining  the  will 

of   the   people   are   indispensable N.  3  14 

Writs  of  election,  what  to  specify 21  13 

Statutes  repealed,  revived,  modified,  and  altered N.  8 

Supreme  judges,  vacancy 14  11 

Terms  of  office  of  officers  elected  in  1870 N.  11 

To  be  according  to  existing  or  future  laws 17  12 

United  States  senators  to  be  elected,  when 25  14 

Ballots  cast  for  United  States  senator  ^x>  bie  counted 

and   results   certified 31  16 

Election  at  next  regular  biennial  election  in  Novem- 
ber to  fill  vacancy 26  15 

Election  returns  to  be  made  by  commissioners  of  elec^ 

tions 32  16 

Elections  for  United  States  senator  undter  general  elec- 
tion laws    29  15 

Governor,  secretary  of  state,  and  attorney-general 
shall  compare  the  votes  and  declare  thje  results; 
certificates  of  election 33  16 

Names  of  candidates  for  United  States  senator  to  be 

placed   on   ballots 28  15 

New  election,  if  there  be  a  tie  in  the  election  of  United 

States  senator 30  15 

Vacancy  when  congress  is  in  session  may  be  filled 
by  appointment  of  governor  until  next  regular  bien- 
nial election  in  November 27  15 

POLL   TAX    PAYMENT    IS   CONDITION    PRECEDENT    TO    VOTING 

Grand  juries  to  inquire  and  judges  to  give  in  charge 152  64 

Judges  of  election  to  administer  oath;   perjury  to  swear 

falsely 147  6a 

Affidavit  must  b(e  before  judge  of  election N.  63 

list  to  be  returned  to  whom;   trustee  charged  with  polls 

on  same   141  61 

Failure  of  chairman  of  election  commissioners  to  de- 
liver list  to   election  judges   is   a  misdemeanor; 

fine 144  61 

Secretary  of  state  to  notify  attorney-general  of  failure 

to  file  certified  poll  tax  lists;  ouster  proceedings. .  143  61 


Index  135 

Section  pa^e 

Trustee's  compensation;  oath  to  list;  how  paid 145  62 

Question  as  to  constitutionality  of  the  act  compiled  in 

sections  140-144    N.  62 

Trustee's  failure  to  make  lists  is  a  misdemeanor;  fine.  142  61 

Loss  of  poll  tax  receipt,  and  aflidavit  as  to;   form  pre- 
scribed.     146  62 

Misdemeanor   in    voter   and    election   judge    for  noncom- 
pliance;   fine  and  imprisonment 150  63 

Misdemeanor  to  issue  blank  or  bogus  poll  tax  receipts,  or 
to  falsely  certify  one,  or  to  refuse  copy  of  receipt; 
punishment  and  penalty 151  64 

Misdemeanor  to  issue  bogus  or  false  certificate,  to  vote  on 
same,  or  for  any  election  judge  to  permit  such  voting; 

punishment 154  65 

Actual  payment  of  poll  tax  does  not  protect  the  voter 

failing  to  produce  the  statutory  proof  of  payment. N.  1  65 

Legislative  power  and  duty  to  define  and  declare  what 
shall  be  "satisfactory  evidence"  of  payment  of  poll 
taxes,   in  elections N.  2  65 

Payment  of  poll  tax  is  required'  sixty  days  before  voting; 

satisfactory  evidence  of 137  59 

Payment  of  poll  tax  thirty  days  before  election  is  required 

in  certain  counties N.  1  59 

Women  are  not  required  to  pay  poll  taxes  for  the  year 

1919  as  a  qualification  for  voting  in  the  year  1920. N.  2  60 

Foil    tax    for    year    preceding    election    is    contemplated, 

whether  actually  assessed  or  not 149  63 

Required  payment  of  poll  tax  sixty  days  before  election 

does  not  apply  to  voter  absent  from  state,  when 138  60 

Satisfactory  evidence  of  payment  of  poll  tax  may  consist 

of  what 140  60 

Satisfactory  evidence  of  poll  tax  may  consist  of  what 140  60 

Trustee  to  issue  duplicate  receipt,  when 148  63 

Trustee's  certificate  of  payment  of  poll  tax  to  constable..  153  64 

Trustee's  compensation;  oath  to  list;  how  paid 145  62 

Trustee's  failure  to  make  lists  is  a  misdemeanor;  fine. . .  142  61 

PRECINCTS,  ELECTION 

Courthouse  is  place  of  voting 43  19 

Numerous  precincts   44  19 

Place  of  holding  elections 42  19 


136  Election  Laws  op  Tennessee 

Section  page 
Voting  places  in  Greene  county  changed  by  legislative 

acts N.  19 

Power  to  estab(lisli  voting  places N.  20 

Registration  and  voting  divisions  may  be  established  by 

commissioners  of  elections,  when 45  19 

PROCEEDINGS  AT  THE    POLLS 

Ballot  is   defined 185  77 

Ballot  is  to  be  delivered  to  whom 187  77 

In  the  presence  of  the  judges 188  77 

Ballot  not  to  be  read  by  the  officer 188  77 

Ballot  box  is  defined 186  77 

Counting,  when  to  begin 198  79 

Examination  as  to  naturalization 195  79 

When  copy  of  naturalization  is  not  properly  authenti- 
cated   196  79 

Foreigner,  naturalization    194  79 

Hours  of  election 202  80 

Hoursi  of  election  in  certain  counties N.  80 

Imposition  on  voter  is  forbidden 189  77 

List   of   voters 197  79 

Mode  of  voting 184  77 

Naturalization  of  foreigners 194 — 196  79 

Oath  of  voter 190  78 

Police  powers  of  inspectors  at  the  polls 201  80 

Questions  to  voter;   bystanders  may  be  sworn 191  78 

Reading  and  numbering  the  biallots 199  79 

Returning  officer  is  defined;   duty  of  judges N.  77 

Void  ballots  200  79 

Certificate  as  to  void  ballot N.  80 

Vote,  when  to  be  received 192  78 

Who  may  vote  in  local  elections 193  78 

PROCEEDINGS  AFTER  THE  POLLS  ARE  CLOSED 

Comparing  polls  for  county  officers,  time  and  place ...  203  81 

Certificate  of  election  is  only  prima  facie  correct N.  4  81 

Commissioners   of  election   perform   duties   formerly 

performed  by  officer  holding  election N.  1  81 


Index  137 

Section  page 
Comparison  of  polls  at  county  jail  does  not  vitiate 

returns N.  3  81 

Election  returns  may  be  compared  or  counted  at  a  pri- 
vate house N.  2  81 

Comparison  of  polls  in  election  of  members  of  legislature.  204  81 

Copies  to  be  given  to  parties  elected,  when 210  83 

Governor,  secretary  of  state,  and  attorney-general,  a  board 

of  inspectors   205  82 

Acts    1889,   ch.   67,   is   palpably   unconstitutional   and 

void ,..N.  1  82 

Whole  board  must  act  in  conjunction N.  2  82 

Governor  to  issue  certificate  of  election 20*6  82 

Mandamus  against  the  board,  if  the  governor  subpiits 

to  the  jurisdiction N.  1  82 

No  mandamus  or  injunction  against  the  governor N.  2  82 

Poll  books;  evidence 208  83 

Poll  books  or  lists  may  be  proved  by  credible  testimony, 

when 209  83 

Preserving  and  certifying  poll  books 207  8<3 

PRIMARY  ELECTIONS,  LEGALIZED  AND  REGULATED 

Applies  to  all  primaries 275  102 

Application  of  this  chapter  is  restricted  by  chapter  18 N.  102 

Ballots  printed  as  m  regular  state  elections 274  102 

Candidates  to  submit  name  to  governing  authority,  and  to 
comply  with  conditions;  then  declared  to  be  candidate 

by  same   265  99 

Names  of  other  candidates  not  printed  on  ballots,  b(ut 

voted  for,  how 266  100 

No  candidate  receiving  a  majority,  the  two  candidates 
receiving  the  highest  votes  to  run  off,  when;  pro- 
ceedings. .    270  107 

Definition  of  primary  elections 253  97 

Election  returns,   how  and  when  made;    punishment  for 

changing  or  altering  is  same  as  in  regular  elections . .  267  100 

Expenses,  all,  borne  by  the  political  party  holding  primary 

election 273  101 

Failure  to  perform  duty  is  a  misdemeanor;  punishment..  272  101 

Hours  of  election 278  103 

Inspectors  of  casting  and  counting  ballots  appointed  by 

candidates;   how;   privUeges 276  102 


138  Election  Laws  op  Tennessee 

Section  pago 
Judges  to  permit  presence  of  inspectors;  refusal  is  a  mis- 
demeanor; fine  277  103 

Legal  voters  may  vote,  when 258  98 

Notice  of  election  to  contain  what;    how  and  by  whom 

given 256  98 

Oath  of  committee  or  governing  authority 271  101 

Offenses  against  general  elections  are  offenses  against  pri- 
mary elections   255  98 

Offenses  in  ofiicers  of  regular  elections  are  offenses  in  pri- 
mary election  officers 2&4  99 

Ofllcers  of  election;  number  and  duties 260  99 

Officers  appointed,  how;    oath 261  99 

Ofiicers  selected,  how   262  99 

Poll  tax  law  does  not  apply 279  103 

Powers  and  restrictions  of  officers 263  99 

Primary  elections  defined 253  97 

Applies  to  all  primaries 275  102 

Application  of  this  chapter  is  restricted  by  chapter  18 .     N.  102 

Primary  elections  are  legalized  and  regulated  in  certain 

counties N.  1  103 

Compulsory  primary  law  for  political  nominations  held 

to  be  unconstitutional N.  2  104 

iResult,  how  declared 268  100 

Right  to  vote  challenged  and  determined 259  98 

Saloons  to  be  closed  during  hours  of  primary  election 280  103 

Tie  vote  or  contest  determined  by  governing  authorities . .  269  101 

"What  general  election  laws  apply  to  primary  elections 254  97 

Who  may  vote 257  98 

QUARTERLY  COUNTY  COURT 

Adjournment  of  election 6  8 

Ayes  and  nays  to  bje  recorded 5  7 

Board  of  county  commissioners  for  Shelby  county N.  3  7 

Election  contrary  to  statute  is  erroneous N.  2  8 

Elections  by  county  court 2  6 

Elections  by  justices  in  county  court  assembled N.  1  8 

Mode  of  proceeding 4  7 

Notice  of  vacancies 7  g 


Index  139 

Section  page 
Officers   formerly  elected  by  the  quarterly  county  court, 

but  not  now N.  2  6 

Referenc«es  as  to  tlie  election  of  the  various  officers  men- 
tioned in  this  section N.  1  6 

Requirement  as  to  advertisement  and  time  of  election  is 

directory , N.  3  8 

Vacancies  filled  by  said  court 3  7 

Vacancy  in  county  court  clerk's  oflice  to  be  filled  by  the 

justices,  and  not  by  the  county  judge N.  7 

REGISTRATION    OF    VOTERS 

Absent  voters  may  be  registered  upon  sworn  statement, 

when 132  58 

Certificate  of  registration  to  bjC  mailed  to  absent  voter 

to  his  residence;    sworn  statements 135  59 

Misdemeanor  to  register  or  attempt  to  do  so,  when 

not  qualified  to  do  so 136  59 

Registration  of  absent  voter  must  show  such,  and  so 

must  certificate  of  registration 133  58 

Sworn  statement  must  be  actually  received  during  reg- 
istration period    134  58 

Voting  by  absent  votes  is  provided   for  in  sections 

227  and  252,  both  in  general  and  primary  elections    N.  59 

Affidavit  as  to  correctness  of  registration  books;   perjury 

to  make  false  affidavit 119  52 

Applies  to  counties  of  50,000  or  more  inhabitants,  and  to 

towns  and  districts  of  2,500  or  more 102  41 

Applicable  in  what  counties  and  towns N.  1  41 

Extension  of  registration  and  ballot  laws  to  certain 

other  counties    N.  2  42 

Extension  of  registration  laws  to  certain  counties  and 

civil   districts,  under   population  classification . . .  N.  4  43 

Registration  of  voters   is   dispensed   with  in  certain 

counties N.  6  44 

ActSi  1901,  ch,  147,  and  Private  Acts  1915,  chs.  578  and 

582,  are  probably  unconstitutional :  N.3,  p.  42  and     N.  5  44 

Registration  and  Dortch  ballot  laws  are  dispensed  with 

in  certain  counties N.  7  45 

Certificate  shall  show  what;  right  to  vote  under,  except 

for  fraud,  perjury,  or  removal 117  51 

Certificate  of  registration  may  bje  challenged  before  judges 
of  election,  where  procured  by  fraud  or  perjury; 
fraud  is  defined N.  52 


140  Election  Laws  op  Tennessee 

Section    Page 
Certified  copy  of  registration  list,  if  more  than  one  voting 

precinct;    compensation    130  56 

No  statutory  penalty  for  commissioner's  charge  for 
certified  list  furnished  to  a  candidate,  in  excess  of 
fee  allowed  registrars,  because  commissioner's 
fee  is  not  fixed  by  law N.  57 

Certified  list  of  voters  voting  to  be  furnished 129  56 

Compensation  for    129  56 

Change  of  voter's  residencie  necessitates  re-registration: 

sec.  113,  p.  49  and Ill  49 

Change   of  residence   disqualifies  voter  and   necessitates 

re-registration N.  2  50 

Legislative  power  to  require  the  registration  of  voters 

previous   to  the  election N.  1  50 

Commissioners  of  elections,  duty  when  town  or  district  is 

divided N.  103  45 

Commissioners  of  elections  shall  appoint  registrars:   Sec. 

104,  p.  45,  and 105  45 

Commissioners  of  elections  to  furnish  books,  stationery, 

etc.;  county  to  pay  for  same 106  46 

Commissioners  of  elections  shall  give  notice  of  general  reg- 
istrations   109  47 

Compensation   of   registrars 121  53 

Comptroller  to  furnish  blank  forms,  etc 128  55 

Death  and  removal  of  voters  to  be  noted. 131  57 

Disagreement  of  registrars,  and  action  of  commissioners 

of  elections   124  54 

Duty  of  commissioners  of  elections  when  town  or  district 

is  divided  lOS  45 

Election  laws  are  not  applicable  where  they  become  effec- 
tive too  late  to  be  put  in  operation N.  2  57 

Hours   of  registration  of  voters  appearing  in  their  own 

proper  persons 107  46 

Misdemeanor  in   oflice   to   refuse   to  register  a  qualified 

voter;    penalty   122a  54 

Misdemeanors,  certain  acts  declared  to  be;  fine  and  impris- 
onment:   Sec.  127,  p.  55,  and 136  59 

Notice  of  general  registration 108  47 

Oath  of  registrars 126  55 

Questions  to  bie  answered  before  registration 115  50 

Answers  to  be  entered  on  books,  and  sworn  to;  false 

swearing  is  perjury;  punishment 116  51 


Index  141 

Section    Page 
Refusal  to  register  a  qualffiedl  voter  is  a  misdemeanor  in 

office ;   penalty   122a  54 

Refusal  or  inability  of  registrars  to  act,  how  remedied . . .  1215  54 

Registrars,  appointment  of:  Sec.  104,  p.  45,  and... 105  45 

Compensation  of  registrars 121  53 

CJompensation  of  registrars  in  certain  counties N.  53 

Registrars  to  be  at  elections,  and  furnish  officer  certified 

lists  of  voters  voting;   compensation 129  56 

Disagreement  of  registrars,  and  action  of  commission- 
ers of  elections 124  54 

Refusal  or  inability  of  registrars  to  act,  how  remedied  125  54 

Refusal  to  register  a  qualified  voter  is  a  misdemeanor 

in  office;  penalty 122a  54 

Registration,  affidavit  as  to  correctness  of  books;  perjury 

to  make  false  affidavit 119  52 

Registration  books,  when  opened;    certificate  of  registra- 
tion   110  48 

Registration  books  kept  open  for  inspection 118  52 

Mandamus  will  not  lie  to  compel  erasure  of  names  of 
disqualified  voters  from  registration  books,  after 

five  days   when N.  1  52 

Mandamus  will  not  lie  to  compel  erasure  from  regis- 
tration books,  where  the  names  improperly  regis- 
tered do  not  appear,  when N.  2  52 

Registration  books  to  be  turned  over  to  commissioners  of 

elections 120  53 

Registration  bpoks  to  be  marked  at  close  of  each  day 122  53 

Registration  every  two  and  four  years 109  47 

Registration  every  four  years  in  certain  civil  districts . . .  112  49 

What  is  meant  by  registration  every  four  years N.  1  47 

Acts  1895,  ex.  ses.,  ch.  3,  is  thought  to  be  unconstitu- 
tional. .   N.  2  47 

Registration  is  prerequisite  to  voting;  general  registration 

for  two  and  four  years;  change  of  residence Ill  49 

Hours  of  registration  of  voters  appearing  in  their  own 

proper  person  107  46 

Three  day  registration  to  be  closed  twenty  days  before 

every  election;   advertisement  not  required 114  50 

Unregistered  persons  not  to  vote;  registration  every  four 

years  in  certain  civil  districts 112  49 

Nonresident  o^vTiers  of  land  in  city  must  register  be- 
fore voting,  where  registration  laws  apply N.  2  49 

Voter  otherwise  qualified  to  vote,  but  voting  without 


142  Election  Laws  of  Tennessee 

Section  Page 
registration,  is  guilty  of  a  misdemeanor,  wlien...N.  1  49 
Voters  must  register  in  the  civil  district,  ward,  or  pre- 
cinct where  they  propose  to  vote N.  56 

Who  is  entitled  to  registration 123  54 

Registration  laws  prescribe  no  qualification  ot  voters, 
but  are  to  determine  who  possesses   the  voting 

qualifications N.  54 

lEiegisitration  laws  enacted,  repealed,  amended,  modi- 
fied, and  remaining  in  force  since  1889 N.  1  57 

Registration  authorized  when  it  was  omitted;  tem- 
porary statute    N.  3  57 

RURAL    ROUTE    MAIL   CARRIERS 
May  vote   where 36  (5)      18 

SOLDIERS 

Residing  in  the  national  home  cannot  vote,  when N.  3  17 

STATE    BOARD    OF    ELECTIONS 

Acts  1913,  ch.  37,  attempting  to  amend  the  acts  compiled 

in  this  chapter  is  unconstitutional N.  2  31 

Created  and  to  be  elected 60  25 

Acts  1909,  ch.  103,  is  not  unconstitutional  for  irregu- 
larities in  its  passage N.  1  26 

Act   is   not  unconstitutional   in   authorizing   the   election 
by  the  legislature,    instead  of    appointment    by  the 

governor N.  2  26 

Election  by  joint  convention  of  the  general  assembly. N.  3  26 

Legislature  may  appoint  to  office  by  legislative  act,  or 
in  joint  session,  where  not  otherwise  provided  by 

the  constitution   N.  4  26 

Question  whether  the  constitutional  quoruimi  of  each 
house  of  the  general  assembly  applies  to  the  joint 
•convention  of  both  houses  is  reserved,  and  not  de- 
cided, but  the  negative  is  indicated N.  5  26 

Question  whether  election  by  joint  vote  of  the  general 
assembly  was  invalid  for  want  of  a  constitutional 
quorum  of  the  senate  was  reserved N.  6  26 

Compensation;    oath;    qualification;    organization 64  27 

Elected   by  the   legislature,   when   and   how 62  27 

Governor's  veto  of  a  joint  resolution  fixing  date  of 
election  of  officers  by  the  general  assembly  does 
not  affect  the  resolution  or  the  election  under  it . .  N.  2  27 


Index  143 

Section    Page 

Presentment  of  resolution  fixing  date  of  election  by 
general  assembly  to  the  governor,  and  his  veto 
thereof,  cannot  affect  the  resolution  or  the  elec- 
tion under  it .N.  3  27 

Provision  requiring  day  of  election  of  state  board  of 
elections  to  be  fixed  by  joint  resolution  is  not 
mandatory,  but  directory;  and  the  governor's  veto 
is  ineffective  N.  1  27 

Expenses  limited  to  $250  per  annum 65  2S 

Meetings  to  b(e  held  at  the  capitol;  how  called 66  29 

Not  more  than  two  from  the  same  political  party 61  26 

State  board  to  keep  records  as  to  where  the  various  elec- 
tion laws  are  applicable 73  30 

This  section  is  repealed  as  to  records  of  ballot  laws.  .N.  1  31 

Terms  of  office;  vacancies  to  be  filled,  how 63  27 

Vacancies  in  state  board  of  elections  may  be  filled  by 
secretary    of    state,    comptroller,    and    treasurer, 

when N.  1  28 

Question  of  doubt  as  to  power  to  fill  vacancies  would 

be  resolved  in  favor  of  the  power N.  2  28 

To  appoint  commissioners  of  elections  for  each  county 67  29 

Commissioners  of  elections  for  counties  to  be  commis- 
sioned by  state  board;   records;  their  oaths 72  30 

Each  member  of  state  board  may  appoint  one  commis- 
sioner of  election  for  each  county 69  29 

Minority  party  is  defined 71  29 

Not  more  than  two  commissioners  of  elections  to  be 

of  the  same  political  party;  quorum 68  29 

Removal  of  commissioners  of  elections;  vacancy  to  be 

filled  by  members  originally  appointing 70  29 

Governor's  appointees  under  former  statute  cannot 
raise  question  as  to  constitutionality  of  this 
amendatory  statute,  when N.  30 

UNIFORM    BALLOT    LAW 

Selections   1259-1263   of   Shannon's  Code  were  suspended 

and  made  inoperative N.  76' 

UNITED  STATES  SENATORS 
See  People,  Elections  by 

VACANCIES    IN    OFFICE 
Pilled  by  quarterly  county  court 3  7 

In  county  court  clerk's  office  to  be  filled  by  the  justices, 

and  not  by  the  county  judge N.  7 


144  Election  Laws  of  Tennessee 

Section    Page 
Mode  of  proceeding 4  7 

Notice  of  vacancies 7  8 

Office  of  United  States  senator  becoming  vacant,  when 
congress  is  in  session,  may  be  filled  by  appointment 
of  governor  until  next  regular  biennial  election  in 
November 26  15 

For  other  vacancies  In  office,  see  under  each  heading  pro- 
viding for  officers. 

WITNESSES 
May  vote  where  court  is  held 36  (1)     17 


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